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Hit massive pothole, filing a claim against caltrans?

M

mwyrzyko

New member
Joined
Oct 23, 2013
Location
San Francisco
Moto(s)
Ninja 300
Hey not sure if this is the right forum, but has anyone had success filing a claim against Caltrans for damage caused from a huge pothole?

I was riding back to Oakland last night and hit a massive pothole along the Altamont Pass near Livermore, saw it too late, ate it, and bent the front rim slightly with two hairline fractures to the tire. I'm getting a new rim + tire on the bike.

It looks like the form is here http://www.dot.ca.gov/LD-0274.pdf but I'm wondering if anyone has any experience filing a successful claim? Should I include photos or will they ask for them? Anything I can do to increase the likelihood of the claim being accepted?
 
Have I filed a claim? Yes.

Was it successful? No.

For them to pay a claim, they have to had prior knowledge of the pothole and failed to fix it, according to their own judgment from what I could tell at the time.
 
jt2 said:
Have I filed a claim? Yes.

Was it successful? No.

For them to pay a claim, they have to had prior knowledge of the pothole and failed to fix it, according to their own judgment from what I could tell at the time.
Click to expand...

Such crap. We pay taxes and they're allowed to claim ignorance of massive potholes?

That defense sure works well in a court of law "But I didn't know that was illegal...it should have been brought to my attention and then demonstrated I knowingly broke the law!"
 
well... if that hole got reported today, and he reports hitting it next week... wouldn't that cover the "known problem" issue ?
 
planegray said:
well... if that hole got reported today, and he reports hitting it next week... wouldn't that cover the "known problem" issue ?
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Good point.
Also how much time between reporting and repair do they have? Is it like a week, or like, 10 months?
 
HappyHighwayman said:
Good point.
Also how much time between reporting and repair do they have? Is it like a week, or like, 10 months?
Click to expand...

I think this thread probably has the best info...


http://bayarearidersforum.com/forums/showthread.php?t=363234&highlight=caltrans+claims

Blue98k12 said:
Just want to let everybody know that after five months of mailings, back and forth with Caltrans, I finally received a check, for the total amount I paid to replace my bent, cracked rim. So with some patience, because they are slow, I got paid.:thumbup
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Last edited:
Go take a picture of the pothole asap.

Like, fucking NOW.
 
planegray said:
well... if that hole got reported today, and he reports hitting it next week... wouldn't that cover the "known problem" issue ?
Click to expand...


Hard to say, I'd suspect that 5 Cal Trans trucks would have to get out there, and lay out cones, and put up warning signs, so one Cal Trans worker (remember the term worker is a bad joke) can look at the pot hole.

They might feel it wasn't massive. So "known" is a funny word...That needs defining.
 
I got a blown tire and cracked rim on Crossover drive in SF. Created a repair request for the pothole and then submitted a claim with lots of info , pics, map location of pothole and a copy of the repair request. City of SF paid up inside two weeks. Not sure if Caltrans will be as forthcoming with a payment.
 
Thanks everyone.

I reported a maintenance service request first this morning using their web form at http://dap3.dot.ca.gov/hq/maint/msrsubmit/

I'll file another one today, westbound on the Altamont Pass was really bad in general, I dodged a few other smaller potholes along the way that should be reported as well.

We'll see if anything comes of the claim, thanks for all the info. Can't really take a picture of the pothole on the Altamont Pass in the middle of 580 unfortunately, but did get a picture of the slightly bent rim.
 
HappyHighwayman said:
Good point.
Also how much time between reporting and repair do they have? Is it like a week, or like, 10 months?
Click to expand...

As with everything, it depends . .

Cal. Govt. Code Section 835.4.
(a) A public entity is not liable under subdivision (a) of Section 835 for injury caused by a condition of its property if the
public entity establishes that the act or omission that created the
condition was reasonable. The reasonableness of the act or omission
that created the condition shall be determined by weighing the
probability and gravity of potential injury to persons and property
foreseeably exposed to the risk of injury against the practicability
and cost of taking alternative action that would not create the risk
of injury or of protecting against the risk of injury.
(b) A public entity is not liable under subdivision (b) of Section
835 for injury caused by a dangerous condition of its property if
the public entity establishes that the action it took to protect
against the risk of injury created by the condition or its failure to
take such action was reasonable. The reasonableness of the action or
inaction of the public entity shall be determined by taking into
consideration the time and opportunity it had to take action and by
weighing the probability and gravity of potential injury to persons
and property foreseeably exposed to the risk of injury against the
practicability and cost of protecting against the risk of such
injury.
 
its much more important to block a lane on the freeway than use 3 streetsweepers to sweep the shoulder of the road that needs to be repaired,so more than likely they will tell you they have no money:afm199
 
Pshaw, massive pothole. If it were truly massive, you'd still be in there.
 
Joseppi said:
its much more important to block a lane on the freeway than use 3 streetsweepers to sweep the shoulder of the road that needs to be repaired,so more than likely they will tell you they have no money:afm199
Click to expand...
You'd be shocked at all the stuff the state is legally mandated to do. Sweeping is one of those things and is required to protect water quality.

Tharkûn said:
Contrary to all the jokes and conjecture, I help them fill pot holes on a weekly basis
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:thumbup

I'm sure everyone already knows this but gas tax receipts keep going down in real dollars and pretty much everyone is against raising taxes. Calif is short billions per year for highway maintenance.
 
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