ROCHESTER, N.Y. – After dealing with snowy and icy conditions, drivers must now navigate potholes on the roads. AAA estimates potholes cost drivers billions of dollars every year. Can the City of Rochester be liable for the damages that potholes cause?

The City of Rochester tells News10NBC it has not paid a single pothole claim this season. So who is liable? A section of the city code says it could all come down to if the offending pothole had already been reported.

There’s a huge pothole on Highland Avenue near Edgemere Drive in Rochester. Cars swerve to avoid it, and a hubcap is deserted on the side of the road.

A national transportation research non-profit called TRIP estimates that Rochester drivers will pay more than $1,800 every year for what it calls “additional vehicle operating costs” – like repairs if one of these craters wreaks havoc on your car.

A viewer, Nate Benson, asks: “I’m told that if a pothole damages your car, you can call the city and if the pothole had been previously reported but was still not treated, the city will pay for all repairs. If you’re the first one to report it, then they won’t. Is this true?”

The answer lies in this part of Rochester’s city code, saying the city is not liable unless written notice has been given to the city engineer. There also must be a failure or neglect within a reasonable time to fix the issue.

In other words, if it was reported, a “reasonable” amount of time passed, and it was not fixed, there’s a chance you’d win a liability claim, but it is not guaranteed.

To see if a pothole has already been reported, the city has an interactive map. You can see a couple of them reported in the Highland Avenue area.

The city’s website says potholes are typically repaired within 48 hours of when they’re reported. If you hit a pothole, check to see if it’s already been reported on that map. If it hasn’t, you can report it yourself online here.

You can also file a claim with the city, and if the city decides it is liable, someone will be in touch with you about negotiating a settlement. If you have a good question you’d like answered, send News10NBC an email at goodquestion@whec.com.

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