Ways to Recoup California Pothole Losses

Potholes are notorious for causing damage to vehicles. They can flatten tires, break axles and bend tire rods, among other damage. In a normal collision, you would sue the owner of the car. In a case where the owner of a property failed to maintain it (leading to potholes), you would sue the property owner. But when the property owner is the state of California, you must seek a remedy outside of court. California state laws on potholes dictate the way in which you can seek a claim for pothole damage.

Reporting a Pothole

California state law allows private citizens to report potholes as they see them. In fact, the state encourages it. The state requires that you report the pothole properly, however. You must call the California Department of Transportation for potholes on state highways and your local street departments for city and county roads. When you report the pothole, you must have the location-not just the cross streets but the approximate distance in feet from the intersection. Also, describe the lane in which the pothole is located along with the distance from the curb. This positioning is needed to allow the street department from differentiating a new pothole from an old one.

Filing a Claim

Any damage less than $5,000 to a vehicle is eligible for a pothole damage claim payable through the state of California's Department of Transportation. This program is designed to recoup drivers without suing the state for damages (an effort that is very difficult to succeed in). Claims for more than $5,000 must go to the Victim Compensation and Government Claims Board for a remedy. Any claims for medical expenses are sent to the board as well. To initiate the claim, you must get a form from the state of California.

Limitations

A pothole claim is only eligible for consideration if they are filed within six months of collision incident. More severe damages and those involving severe injury have up to a year. This is a strict statute of limitations on pothole claims that the California Department of Transportation upholds in every case. However, the California DOT must also give your claim the attention it deserves in an adequate amount of time. The department has to begin working on the claim within 45 days of receiving it. The only exception is if you give permission to extend that deadline. If you claim is denied, you have six months to file a lawsuit with a small claims or civil court.

Local Laws

Each locality has a similar process for pothole claims. Like the state process is dictate by state law, local ordinances dictate the statute of limitations and claim limits for each locality. You must contact the local department of transportation, public works or street department for more information.

"FAQ's for Claims of $5,000 or Less Against Caltrans," California Department of Transportation.
"Filing a Damage Claim Against Caltrans," California Department of Transportation.