Can You Get a City, County or Caltrans to Pay for Pothole Damage?

A pothole that eats a tire and bends a wheel feels like an obvious case. The road was the government's, the hole was the government's, the damage is yours. California law treats it as a question of proof, and the proof most people lack is about what the agency knew.

Step by step

1. Make it safe, then document. Photograph the hole with something for scale, the street sign or mile marker, the damage, and the tire or wheel itself. Note the time, the lane and the direction you were going.
2. Keep the parts and the paper. Tow receipts, the repair invoice, the damaged tire if you can. An invoice that names the cause helps.
3. Work out who owns the road. A state highway points to the state; a city street to the city; an unincorporated county road to the county. The claim must go to the right one.
4. Look for notice. Ask whether the hole had already been reported. Prior complaints are the most direct evidence that the agency knew; a request for public records may help, and so may neighbors who reported it.
5. Present a written claim within six months. Government Code section 911.2 sets six months for damage to personal property. Local agencies take claims through their clerk, secretary or auditor; the state through the Department of General Services.

The timeline after you file

The agency's board has 45 days to act on the claim. If it does nothing, the claim is deemed rejected at the end of that period. If you receive a written rejection, the deadline to file suit is six months from that notice; if no written notice is given, it is generally two years from the accident.

Who contacts you after you file

Expect an acknowledgment, and possibly a call or letter from the agency's claims staff or an outside administrator asking for photos, invoices and the exact location. Answer in writing where you can, send copies rather than originals, and keep a log of every contact with the date and the name of the person you spoke to.

Your own policy: often the quicker answer

Damage from hitting a pothole is commonly handled under collision coverage, less your deductible; how it is classified varies by insurance company. If the repair is well above your deductible, claiming on collision gets the car fixed now, and your insurer can pursue the agency. If the repair is close to or below your deductible, a claim to the agency may be the only route that pays anything, and it is your own to make.

What tends to sink these claims

• No notice. A hole that opened the night before may not meet the notice requirement, however bad it was.
• Wrong agency, or late. The six months runs whether or not you have found the right office.
• Thin evidence. Without photos of the hole itself, the agency may repair it before anyone confirms its size.

Low-profile tires and wheels make this a recurring cost for some drivers. If you want to see how a lower collision deductible would change the math, request a quote.