Talk is Cheap, Tires Aren’t

Sen. Transportation Leader Seeks Bill

To Hold NYS Liable for Pothole Damage

ROCHESTER, NY—New York State Sen. Jeremy Cooney (D-Rochester) recently promoted his pending legislation (S3276) to hold the state liable for vehicle damage caused by potholes year-round.

“Potholes can bring pain, panic, and unexpected payments,” said State Sen. Cooney. “As Chair of the Senate Transportation Committee, my mission is two-fold: we should be quickly fixing our roads for the safety of drivers statewide, but we should also help New Yorkers shoulder the costs of an unexpected incident on a state road. It’s time to fix our roads, keep money in the pockets of New Yorkers, and create safer driving experience for drivers here in Monroe County and across New York.”

Currently, if a driver suffers damage to their vehicle due to potholes on a local road, they are allowed to pursue damages with the municipality at any point throughout the year. However, state law currently states that a driver can only pursue similar damages from the state on a state road between May 1and November 15.

Sen. Cooney’s measure would expand the state’s liability year-round. That is, if a driver suffered damage to a vehicle during the winter months when potholes are most prevalent, the driver could pursue compensation from the state. In order to be eligible, the pothole would have needed to be reported to the state ahead of time. The state would only be liable in cases where they had received advance, constructive notice.

From left, New York State Sen. Jeremy Cooney with Alex Rheinwald, the co-owner of Fox’s Deli, who recently hit a pothole on the entry ramp to I-390 in Henrietta, NY, leading to more than $200 in repairs to his vehicle. He is unable to recover from the state under current law.

In addition to his liability bill, the senator also announced on April 10 his push for the New York State Department of Transportation to create a new online mapping tool to allow residents to report the location of potholes (S3134). Currently, the state only provides a hotline, 1-800-POTHOLE, for reporting. Sen. Cooney explained that the online tool would bring New York up to speed with other states, create a more seamless process for reporting potholes, and provide direct updates to users when the reported pothole has been fixed.

“AAA sees firsthand the toll that potholes take on both vehicles and drivers’ wallets,” said Elizabeth Carey of AAA Western and Central New York. “AAA surveys show that average vehicle repairs from pothole damage often cost drivers hundreds of dollars—and significantly more in severe cases. AAA urges drivers to slow down and stay alert for road hazards, while also calling on elected officials to continue investing in improvements to our roads.”

In addition to his liability bill, Sen. Cooney also announced his push for the New York State Department of Transportation to create a new online mapping tool to allow residents to report the location of potholes (S3134). Currently, the State only provides a hotline, 1-800-POTHOLE, for reporting. Sen. Cooney explained that the online tool would bring New York up to speed with other states, create a more seamless process for reporting potholes, and provide direct updates to users when the reported pothole has been fixed.

Published: April 14, 2026

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