Filing a Claim for Road Hazards That Cause an Accident in NY

Many car accidents are caused by driver error. However, some crashes aren’t caused by a driver at all. New York roads are subjected to harsh weather and near-constant use by millions of vehicles each year, and road hazards are common. Here’s how to file a claim for an accident caused by road hazards. 

Common New York Road Hazards That Cause Accidents

These are some of the most common hazardous road conditions that may lead to accidents: 

• Uneven pavement
• Potholes
• Trash or other kinds of road debris
• Missing, inadequate, or unclear road signs
• Roadwork or construction

If you spot a road hazard or potential hazard, it’s wise to report it if you can safely do so. For example, in New York City, you can call NYC311 to make a report. 

Can You File a Claim if Road Hazards Caused Your Accident?

If dangerous road conditions were the main cause of your accident, you may file a claim against the state or the city (depending on what government entity is responsible for maintaining the road). However, filing a claim against a government entity is much different from filing a car accident lawsuit against an ordinary person. 

Filing a claim against a government entity is challenging but not impossible. For much of American history, no one could sue any government entity at all. However, like most states, New York has partially waived sovereign immunity, which means that in limited circumstances, you may be able to file a claim for damages against the state or a city. 

How Does the Claims Process Work?

Although the law now allows you to file a claim or lawsuit against a government entity, it includes stringent requirements you must follow. Here’s a look at the key steps in the process. 

File a Notice of Claim

If you want to file a lawsuit against a government entity — even if you’re just considering it — you should file a notice of claim as soon as you can. This notice must include the following: 

• Your name and address
• Your attorney’s name and address
• A brief explanation of the events leading to the claim
• The date, time, and location of your accident
• A list of your damages and their monetary values

This notice must be served to the appropriate agency within 90 days of the accident. If you miss this deadline, your case will likely be dismissed. 

Wait 30 Days

Once you file your claim, the government has 30 days to investigate and request a hearing. To preserve your ability to file a lawsuit if you choose to, you must attend a hearing if the government entity requests it. 

File a Lawsuit

After the 30-day period has passed (provided you have complied with the government’s request for a hearing), you may file a lawsuit. However, it’s important to understand that when suing a government entity, the normal statute of limitations for personal injury cases does not apply. 

New York requires that even if you file a notice of claim on time, any lawsuit you pursue must be filed within one year and 90 days of the initial accident. 

Legal Restrictions to Keep in Mind

Lawsuits for road hazards are often harder to win than many people realize. Unfortunately, the mere fact that a road hazard caused your accident is not evidence of negligence — at least in New York City.  

That’s because the New York City Administrative Code 7-201(c)(2) states that you may not pursue civil action against the city for an injury caused by road hazards unless the following two criteria are true: 

• The appropriate department received written notice of the hazard
• The city did not repair the defect or rectify the issue within 15 days

If you’re considering filing a lawsuit because a road hazard caused your car accident, an experienced New York attorney may be able to help. Your lawyer can review the facts of your case and help you determine whether a lawsuit is the best course of action. 

Need Help Recovering Compensation for an Accident?

If road hazards or other poor conditions caused your car accident, you shouldn’t be responsible for covering car repairs or paying for your medical care yourself. While New York gives you options for recovering compensation, the claims process can be incredibly confusing. 

Fortunately, you don’t have to navigate this process alone — the team at Silberstein and Miklos is here to help. Call us or get in touch online to book your free consultation today.