It's not easy to get compensated for pothole damage. Above,...

It's not easy to get compensated for pothole damage. Above, a pothole on Eastwood Boulevard in Centereach last month. Credit: Newsday/Thomas A. Ferrara

The shock of hitting that pothole still hasn't worn off when you see the gash in your punctured tire.

Your chassis looks like scrambled eggs. The muffler is somewhere in the next area code.

Your first instinct is to get the government to pay for the damage.

Good luck with that.

Drivers can seek compensation from towns, villages, counties and the state for damage caused by one of the gazillion potholes that appeared on local roads over this brutal winter. One on Sunken Meadow Parkway took more than a dozen vehicles out of commission in a single morning earlier this month, Newsday previously reported.

But getting approved for compensation is another matter.

Under an obscure state law, municipalities can reject a claim if the pothole in question was not previously reported to authorities.

“The general rule for pothole liability is municipalities have to have prior written notice," said Brian Egan, a Patchogue lawyer who serves as village attorney for Shoreham, Sagaponack, Head of the Harbor and Patchogue.

Egan added it's "almost impossible" for drivers to get their claims approved because potholes "occur almost spontaneously” and start gobbling up tires and rims before anyone reports them.

It’s even more difficult to get help from the state. From mid-November through April, the state Department of Transportation doesn’t have to compensate drivers for damage to their vehicles, even if the potholes had been reported, spokesman Stephen Canzoneri said Friday in an email.

Here are questions and answers for drivers seeking help.

Who do I call?

You can save yourself a lot of time and aggravation by contacting the correct agency. If it's a state parkway, for instance, don't call your town or village. Many governments have online "report a problem" pages explaining how to file a claim.

In Huntington Town, for example, "any claimant who is looking for compensation due to damage from a pothole on a town road must file a notice of claim form, which is found on the town’s website," spokesperson Christine Geed said in an email.

As for the potholes, local governments have phone numbers and websites where the offending divots can be reported.

What supporting materials should I provide?

A sampling of local governments shows municipalities generally require documentation such as repair invoices and photographs. So take photos and save your receipts.

What would cause the government to reject a claim?

Municipalities can deny your claim if the pothole was not reported before you filed. They also can turn down compensation requests if the municipality did not have enough time to fix a reported pothole before your accident.

In Brookhaven, for example, officials will reject claims for incidents that occurred within five to seven days after a pothole was reported, said town spokesman Drew Scott.

"Many residents are angered by this prerequisite, which most often bars payment," Scott said in an email, adding the rule "protects municipalities from costly claims and liability."

How often are claims rejected?

Quite frequently, officials said. Geed said Huntington approved none of the 19 claims submitted last year. She said that was because the town "did not receive prior written notice that wasn’t addressed in a timely fashion."

If the government says 'no,' what can I do?

Check your car insurance. Some comprehensive-collision policies cover damage caused by potholes, said Robert Sinclair Jr., senior manager of public affairs for AAA's Northeast region.

“It’s far better to make sure you have comprehensive insurance on your vehicle so you can get insurance [compensation],” he said Friday in a phone interview. “Your collision coverage at least conceivably covers this.”

He added: “It’s tough on a lot of people. Insurance is expensive.”

What can I do to prevent damage in the first place?

Besides the obvious — don't hit potholes — you should make sure your tires are inflated properly, Sinclair said.

Tires on standard cars and hybrids should be inflated to 30-35 PSI (pounds per square inch) during winter, when cold air deflates tires, he said. On electric vehicles, which are heavier because of their batteries, tires should be inflated at 42-48 PSI, he said.

Often, proper tire pressure is listed on a sticker on the driver's side doorjamb of your vehicle. Or, check your owner's manual.

“Most people don’t check their tire pressure, and that’s your best defense against pothole damage ... keeping your tires properly inflated,” Sinclair said. “Minimally once a month, you should check your tire pressure. Ideally, once a week.”

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