Does Caltrans take claims for damage caused by roads?

[stratslingr77]

So I rode to work yesterday and when I parked, I took a moment to admire my bike. That's when I saw it--staring me straight in the face was a dent in my front rim. I hit a pothole on I-80 the other day that was particularly jarring. And yes, I know to avoid potholes, but sometimes shit happens. I've heard rumors that Caltrans will settle claims for damaged caused by poorly paved roads. Is this true?

 

[MtnRacer]

I believe they do, but I don't have a link for you or anything. Sorry.

Steve

P.S. 2 seconds on google: http://www.dot.ca.gov/hq/paffairs/faq/faq75.htm

 

[exwingnut]

Unless the damage was caused by hazards from a place where caltrans is currently doing work, they will not.

If it was just a random pothole/hazard they have no responsibility.

 

[Traq]

Unless the damage was caused by hazards from a place where caltrans is currently doing work, they will not.

If it was just a random pothole/hazard they have no responsibility.

Neither of those statements are really correct, but they're marginally accurate enough.

 

[Amandyke]

I've heard of people getting tires/wheels paid for when they submitted a claim to cal trans. As I understand it, there wasn't much (if any) investigation done on the part of Cal Trans. Give it a try, worst that can happen is they say no.

 

[Traq]

As I understand it, there wasn't much (if any) investigation done on the part of Cal Trans.

This statement, however, is patently false and ignorant.

 

[Amandyke]

This statement, however, is patently false and ignorant.

Just going off of what I've been told from other people's experiences.

 

[Traq]

Just going off of what I've been told from other people's experiences.

And I'm tell you it's wrong. What they told you was what they assumed occurred, most likely based on how rapidly the claim was resolved. If it was fast they automatically assumed there was no investigation. Neither you, nor they, have any idea what actually happened with their claim behind the scenes.

 

[ntula]

i would not wait for it. your insurrance should cover it. i put a claim in for an incident that was caused by a missing section of a county road and it was apporved and did not raise my rates.

if there is a deductable, they will give you advice on recovering that from caltrains if they are liable and may do it for you.

 

[BPBiker]

And I'm tell you it's wrong. What they told you was what they assumed occurred, most likely based on how rapidly the claim was resolved. If it was fast they automatically assumed there was no investigation. Neither you, nor they, have any idea what actually happened with their claim behind the scenes.

Your replies seem to suggest you know a lot about this process. How about enlightening the rest of us?

I dented my rear motorcycle wheel several years ago in SF. I knew I had hit a large pothole, but didn't recall exactly where it was. It was recommended to me by an unnamed bike shop to find an appropriate (albeit innocent) pothole, take a picture of it, and then send in to SF Dept. of Potholes along with the repair receipt. They reimbursed me for the cost of my new wheel.

SF Dept. of Potholes
415.695.2100
Fax complaints to 415.695.2097

 

[EbolaMonkey]

u guys are bad... very very bad...

that must be a monster of a pothole to hit or something...
wasnt aware your tires could dent from something like that.

i mean couldnt someone theoretically just find some
massive pothole and claim it caused them to lowside?

that is shady business haha. i assumed it would be a sucks for you kind of thing.

 

[ntula]

u guys are bad... very very bad...

that must be a monster of a pothole to hit or something...
wasnt aware your tires could dent from something like that.

i mean couldnt someone theoretically just find some
massive pothole and claim it caused them to lowside?

that is shady business haha. i assumed it would be a sucks for you kind of thing.

i'm thinking the tires were severely underinflated or he pot hole was at least 4 inches deep by 2 feet long (like a curb) and they were going to fast to notice. hitting a curb size on at 40+mph fully inflated would do it, and pop the tire.

 

[Traq]

Your replies seem to suggest you know a lot about this process.

Do they now? Interesting.

How about enlightening the rest of us?

What do you think I have been doing? :rolleyes

Really it just boils down to this (whether it's this topic or questions about vehicle codes, etc.) - my thoughts are pretty simple: STFU if you don't know shit for a fact. Spreading misinformation does no one any good.

 

[tzrider]

Do they now? Interesting.

What do you think I have been doing? :rolleyes

It seems to me that you've mostly been telling people they're wrong. That's not quite the same thing as providing accurate, corrected info. If you're inclined to do that, the OP might appreciate it.

 

[Traq]

It seems to me that you've mostly been telling people they're wrong. That's not quite the same thing as providing accurate, corrected info. If you're inclined to do that, the OP might appreciate it.

The pertinent information was provided in the first reply.

Therefore, there is nothing left to do in this thread except to call out bullshit "information" when people post it. Which is precisely what I will do...spread my enlightenment that they're full of crap.

 

[afm199]

Basically if it can be shown caltrans is at fault, there is no problem... You are driving through a construction zone and hit a two foot deep hole.

On the other hand, if you hit a small pothole on the freeway, the process is basically that you notify them of the problem and THEN if you hit it the next day you have a claim.

Shit that is obviously their fault, yes you can make a claim.

Shit that is marginal, don't waste your time.

Freeway opens in front of you and you drive into a hole, you have a case.

You hit a small pothole....fahgeedit.

 

[Karela]

I've had my header pipe punctured by a bounced piece of concrete that (I am sure of it) fell from the top deck of the western approach to BB. Remember, they were demolishing it few months ago and that was during when all the major work has taken place. That overhang is directly above the bottom deck approach where I got my nasty surprise.

I filed a claim to Caltrans that got bounced to their sub-contractor, where they decided that the piece of concrete must've fallen off a truck (not theirs), because "they had people posted there specifically to watch for any debris forming on the roadway". All this back-and-forth "formal investigation" took about 3 months. I got squat.

CALTRANS

 

[Traq]

I filed a claim to Caltrans that got bounced to their sub-contractor, where they decided that the piece of concrete must've fallen off a truck (not theirs), because "they had people posted there specifically to watch for any debris forming on the roadway". All this back-and-forth "formal investigation" took about 3 months. I got squat.

The maintenance of a facility under construction is contractually the obligation of the contractor (what you erroneously referred to as the subcontractor).

Contractor's are private companies. Of course they're going to deny your claim. They do it out of hand. The only reason they might even read your claim is so they can tailor their excuse specifically in to something you'll buy. After all, they aren't in the business of losing money. They bank on the fact that 99% of the people out there will just go "oh, darn" instead of take them to small claims court...just like you did!

BTW, lawyers aren't allowed in small claims court...you name the owner of the company and you think your couple hundred dollar claim is worth the time it would take the owner to appear in court to dispute it? :laughing

 

[Karela]

BTW, lawyers aren't allowed in small claims court...you name the owner of the company and you think your couple hundred dollar claim is worth the time it would take the owner to appear in court to dispute it? :laughing

Thanks, good to know! For the next time...

 

[FourDoor]

I had a friends friend have their 2 wheels and tires replaced by Milpitas after they hit an unmarked "uneven pavement" shift on one of the roads they were working on several years ago. This was over 10 years ago.

Just as recently as 3 years ago, we were driving down I5 by Six Flags where there was construction on the freeway. Basically a long piece of rebar (which caltrans had a stack of in the center divide) rammed the front bumper and hood of my gfs car at 60mph. We took pics of the area, damage, and filed a claim with caltrans.

Long story short, Caltrans response after months of "investigation" was that the rebar could have come from anywhere and it was not their fault.

Hit and miss with claims with caltrans but it's better than nothing.