NEW YORK (CBSNewYork) – If you hit a pothole on a New York city or state roadway, who is responsible for damage to your car?

If you’re driving on a state road, the driver. From November 15 to May 1, New York state is not liable for the damage under law.

In order for New York City to pay, there has to be prior notice of a road hazard in writing 15 days before the damage occurred.

Jeanne Salvatore with the Insurance Information Institute said you are not completely out of luck; collision insurance covers pothole damage.

“Take a picture of that pothole, take a picture of where the accident occurred and take a picture of the damage to the car,” she said.

But Salvatore said motorists should be aware of their deductibles .

“There is a deductible, however, so most people have a $250 or $500 deductible, so the damage would need to exceed that,” she said.

As of March 30, the NYC Department of Transportation has filled 220,197 potholes.

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