Can I sue the town for a pothole in NJ?

Who do I send a pothole claim to in NJ?

To the owner of the road, which is not always the town. A state highway or interstate goes to the NJ Treasury's Division of Risk Management, as NJDOT's own pothole page says.¹

• State highway or interstate: Treasury, Division of Risk Management, Tort Claims Unit, in Trenton.
• County road: the county.
• Town street: the municipality.
• Turnpike, Parkway, Expressway: a state authority, which is a public body too, so the 90-day notice still applies.

Not sure who owns your road? Our NJ tort claim notice guide breaks down road ownership by county.

Does NJ pay for pothole damage to my car?

Only what your own insurance does not. The state's short form for property damage says money your physical damage coverage pays is deducted from any claim against the state.²

1. If you have collision coverage: settle with your insurer first, then send the state your repair estimate and your declarations page to claim the deductible.
2. If you don't: send two repair estimates, the declarations page and the claim form, or a repair receipt if it is already fixed.
3. Also tell them about any auto club towing benefit or tire warranty that paid.

The form asks for the milepost, nearest exit or cross street, and for your date of birth and Social Security number. The state suggests certified mail and asks you to allow at least 90 days for a reply.²

Can I claim if a pothole hurt me?

Yes, but the law protects public bodies more than drivers. You must show the road was in a dangerous condition and that the owner caused it or had notice in time to fix it.³

• Notice: "constructive" notice means the hole was there long enough and was obvious enough that the owner should have found it.
• Palpably unreasonable: even then, the owner is not liable unless what it did, or failed to do, was palpably unreasonable.
• Pain and suffering: only for a permanent loss of a bodily function, permanent disfigurement or dismemberment, and medical bills over $3,600.
• Insurance offsets: benefits you get from insurance for the same loss come off the award.

It can work. A 2024 NJ appeal revived a cyclist's claim over a road patched "hundreds" of times, covered on suing the town over a pothole.

What happened to two NJ riders who hit a pothole?

Across 138 signed cases a lawyer later handed back, 4 were bike riders thrown by potholes on public roads. All four signed within 32 days, inside the notice window. That is unusual: of 12 falls on government property with a known date, 7 signed after day 90.⁴

What has to be in the 90-day notice?

Six things, by law. A phone call to the township is not the notice the law describes.⁵

1. Your name and mailing address.
2. Where notices should be sent.
3. Date, place and how it happened.
4. A general description of the damage or injury.
5. The public body or employee responsible, if known.
6. The amount claimed and how you got to it.

After filing you must wait six months before suing, and sue within two years. A judge may allow notice up to one year late only for "extraordinary circumstances."⁵