Claim against Caltrans

[dravnx]

Anyone ever successfully made a claim against Caltrans for pothole damage?
I hit a pothole and bent a rim. It's in a construction zone and the road is very rough at times. They are constantly filling, repairing and paving the old section of road while they build the new sections. This is on 101 between Petaluma and Novato.
I know about GP Wheel and Frame.
I'm familiar with the Caltrans Damage Claim process.
I just want to know if I'm tilting at windmills trying to get a claim paid.

 

[ctwo]

I believe I read on BARF someone claimed to have been reimbursed.

I have a cracked windshield from disintegrating asphalt being kicked up from a mile or so stretch just before Great America Pkwy. The loose stuff is mostly gone now but the asphalt is shitty and keeps setting off my dashcam collision warning. I expect nothing from them other than wasted time.

 

[budman]

Be good to follow your process Jeff.

As ctwo said there have been threads before so perhaps we can gather some info that is useful for others as well.

 

[byke]

I'd like to sue them for three windshields. Their winter sand filtering is crap and they've been letting too large of particles get through.

 

[srcm]

Yes, file a claim. Caltrans paid to have a wheel straightened and a new tire when we hit a pothole on Park Presidio Bypass in SF.

We submitted plenty of photos of the pothole with the claim

 

[NorCalBusa]

I've made three claims, all were successful @ >$1000 each.

A bit like writing an accident report- the more details, pictures, landmarks serve you well. GPS coordinates as well as locations description- 2.15 miles east of blah blah blah stuff. Same deal with the road surface- lots of pics and exact distances from a landmark. You guessed it- same with damage pictures and descriptions, estimates to get repaired.

Opened the claim online, made a whole packet I emailed them that was organized and told the story on its own with tabbed sections. The checks took about 8 weeks to arrive- my expectations were set in that I didn't expect anything, so stress free.

I didn't pitch a fit or exaggerate anything, got a call on two of them that went fine- just stayed consistent with what I wrote. Each one got complimented I made it easy for them to do their job. Go for it!

 

[tgrrdr]

Anyone ever successfully made a claim against Caltrans for pothole damage?

It's in a construction zone and the road is very rough at times.

In theory for Caltrans to be liable they had to have prior notice of the pothole and an opportunity to fix it prior to you hitting it.

In reality you won't get paid if you don't file a claim so you pretty much have nothing to lose.

Also, because your incident was in a construction zone Caltrans will most likely subrogate your claim to the contractor. My understanding is that the contractors almost always deny damage claims like this but YMMV. I've seen people go to small claims court and win their case so that may be an option if the claims process doesn't work out.

 

[easy wind]

Heard they don’t pay the first claimant, as they were ‘unaware’ of problem, but they do settle following same issue claims. Prolly been long enough now to not be first?

 

[NorCalBusa]

Seems a real "catch 22". If you notify them of a hazard, then YOU crash there later- they gonna blame your ass, as you should have known better?

 

[tgrrdr]

https://csr.dot.ca.gov/

 

[moto-rama]

I made a claim against the City of San Francisco for a bent wheel, caused by a hole on Union Street.
I took a photo of the hole when it occurred, had another person who owned a business nearby corroborate the hole.

I sent the request for 800 dollars to the Dept of Public Works, and got a check in like 3 weeks.

It was shocking. Not even the tiniest bit of resistance, just a check!