ROCHESTER, N.Y. — New legislation would hold New York liable for pothole damage to cars year-round. Right now, drivers can pursue damages only between May 1 and Nov. 15. State Sen. Jeremy Cooney is pushing to change that.
SIMILAR: New York bill would make state liable for pothole damage and road defects year-round
Cooney’s bill would stop a seasonal restriction for state road damage claims, just like local roads, which allows claims year-round. Alex Rheinwalk said he recently hit a pothole while getting on Interstate 390, blew his tire and had to pay more than $200 to repair it. Cooney said $200 is the low end for pothole damage expenses.
“Definitely was not planning on spending my day like that. What struck me wasn’t just the impact but how many experiences you hear the same stories all the time. This kind of legislation could really make a difference for people dealing with unexpected setbacks,” Rheinwalk said.
Cooney is also pushing for the state Department of Transportation to create an online mapping tool. He said it would make it easier for people to report pothole locations online, and hopefully the state would be able to mark those as done when the potholes get filled.
“When you hear these politicians talking about potholes often you hear well just call 1-800-POTHOLE and report it. It’s almost like that’s going to solve all of our problems. But it’s 2026, and there’s new forms of technology available,” Cooney said.
Just this week, state DOT announced plans to fill about 175,000 potholes statewide this month alone, and even more as the weather improves.
READ MORE ON PLANS TO FILL POTHOLES: New York announces most ambitious road resurfacing program in state history with over 4,000 lane miles of renewed pavement
See below for more from NYSDOT on pothole reporting:
NYSDOT maintenance crews reported a significant increase in pothole calls over the past few years, with 538 calls received between December 2024 and March 2025 compared to 345 calls during the same period the previous year.
The latest data shows 530 calls came in between December 2025 and March 2026. Prior to 2023, the department used a different reporting system, so earlier numbers aren’t available.
NYSDOT fills more than 1 million potholes across the state each year, depending on pavement conditions and weather. Maintenance crews work to address potholes as they develop to keep roads safe. Potholes form when water seeps into pavement through cracks in the surface.
Cold weather causes the water to freeze, creating a bulge in the pavement, and when temperatures warm above freezing, the surface returns to its original level. Repeated freeze-thaw cycles weaken the pavement material and create potholes.
Heavy traffic also contributes to new potholes and makes existing ones worse. Motorists are urged to call 1-800-POTHOLE to report potholes on any state-owned highway, including the Thruway. Potholes on county or town roads, city and village streets or private roadways should be reported to the appropriate owner.
When it comes to local roads:
According to the City of Rochester’s website, pothole repairs are usually completed within 48 hours. The city’s street maintenance program includes patching potholes, depressions, and other pavement defects. Residents can report potholes online or by calling 311. Complaints received by noon are scheduled for repair by the end of the next business day. www.cityofrochester.gov/departments/department-environmental-services-des/pothole-repair Town & Village of Victor: For potholes on Town Roads, you can call the Highway Dept. at 585-742-5094. For potholes on Village Roads, call the Village DPW at 585-924-2004 or 924-3311. www.townofvictorny.gov/170/Street-Maintenance Monroe County: Monroe County DOT Concern FormNew York bill would allow drivers to claim pothole damage year-round instead of just seven months WHEC.com.
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