Vehicle Property Damage Laws Vary Across New York

March 3, 2014

When a defect in the road causes Vehicle Property Damage, the state, city, or county can often be held liable for compensating the vehicle’s owner for their losses. State law may prevent motorists in New York from collecting such damages during winter months though.

New York State Law Section 58 reads, “The state shall not be liable for damages suffered by any person from deficits in state highways, except between the first day of May and the fifteenth day of November.” While New York may not be held responsible for damage caused to a vehicle during the winter, there are no such stipulations placed on roads and highways maintained by the city or county.

Those municipalities may have their own set of regulations for handling situations of damage caused by defective roadways. For instance, the city of Buffalo and Erie County can only be held responsible for pothole damage if the problem has been previously reported to the proper authorities. Read more about vehicle property damage laws here.

The Buffalo Personal Injury Lawyers with William Mattar Law Offices understand how confusing the laws regulating vehicle property damage can be. That is why the firm offers several suggestions for handling such a claim, including:

• Speak with your insurance company before giving statements to adjusters from other companies involved.
• Ensure all expenses, including fees and taxes, are covered in the damage settlement amount.
• Only sign an agreement with the insurer to cover “vehicle property damage.”