Can I Sue the City If a Pothole Damages My Vehicle in California?

Steps to Take If a Pothole Damages Your Vehicle in California

Wondering, “Can I sue the city if a pothole damages my vehicle in California”? You may be able to — but only if you follow strict legal steps. Here’s what you need to do:

1. Document the scene and damage: Photograph the pothole, your vehicle, license plates, and repair estimates.
2. Determine the responsible agency: Identify whether the road is maintained by a city, county, or Caltrans.
3. Submit a government claim (six-month deadline): Under the California Tort Claims Act, file your written claim within six months of the incident.
4. Wait for the response (45 days): The agency must accept, reject, or request additional info — their decision triggers your right to sue.
5. File suit if denied or ignored: You generally have six months from the date of denial (or constructive denial) to file in court.

Following these steps is critical. If you miss deadlines or make procedural errors, you may lose your right to recover repair costs.

At Thompson Law, we’ve recovered over $1.9 billion for clients in personal injury and vehicle cases—even in tough states. (No fee unless we win.)

Why Potholes Create Exposure for Public Entities in California

California’s Government Code §§ 830 et seq. impose a duty on public entities to repair or warn of dangerous conditions on public roads. A pothole can become a “dangerous condition” if it is nontrivial in size or risk, especially in high-traffic areas. Courts have held that mere wear and tear is not enough — the defect must present a substantial risk. Agencies receive defenses like discretionary function or design immunity under Gov’t Code § 830.6 or § 835, which are often raised.

Many California drivers ask the same question: can I sue the city if a pothole damages my vehicle in California? The short answer is yes, but the process is complex and full of deadlines.

Potholes can cause significant damage to vehicles, including tires, wheels, and suspension components. According to a 2022 AAA study, the average cost of pothole-related repairs is around $406. In Southern California, recent heavy rainfall has made the problem worse, leading to more claims for reimbursement against Caltrans and insurers.

What You Need to Prove to Win a Claim

• Dangerous condition: The pothole’s depth, width, or characteristics made it unusually hazardous.
• Notice: The agency knew or should have known of the pothole — via prior complaints, repair logs, or observed pattern.
• Failure to act: The agency failed to repair or warn within a reasonable timeframe.
• Causation & damages: The pothole caused your vehicle damage (repairs, towing, rentals).

To succeed in proving negligence, you must show that the city knew about the hazard and failed to act. That’s the core of answering can I sue the city if a pothole damages my vehicle in California under the law. Strong supporting evidence includes prior complaints, maintenance logs, witness statements, and repair estimates. We often locate municipal reports or calls to public works departments in California.

How to File a Pothole Damage Claim in California

California requires a formal, written claim under the California Tort Claims Act (CTCA). Key points:

• Six-month deadline: You generally must present your claim within six months of the damage (Gov’t Code § 911.2, § 911.4).
• Claim contents: Name of agency, date, location, facts, amount of damages, your contact info.
• Agency response: They have 45 days to accept, reject, or demand more info.
• Filing lawsuit: If denied or ignored, you typically have six months from the date of denial to file suit.

For damage on state highways, Caltrans has its own claims procedure. Claims under $12,500 may be submitted directly to Caltrans. (Check Caltrans rules for your region.)

Defenses You’ll Commonly Encounter

• Claiming the pothole was “open and obvious” and you should have avoided it.
• Disputing whether the agency had notice or adequate time to repair.
• Invoking design or discretionary immunity under Government Code § 830.6 or § 835.
• Attributing damage to driver fault (speed, steering, distraction) rather than the pothole.

What You Can Recover

• Vehicle repair costs
• Towing or salvage fees
• Rental car costs while your car is in repair

Punitive damages are typically unavailable when suing a government entity under state claims law.

What Happens If Your Claim Is Denied?

• Use your collision coverage — though that may limit your ability to pursue the government.
• File suit in court (within the allowable deadline after denial).
• Request a late claim under Gov’t Code § 911.3 or § 911.4 — but those are rarely granted without excusable neglect or compelling circumstances.

So, Can I Sue the City If a Pothole Damages My Vehicle in California?

Yes, but it’s complicated. California law provides mechanisms to hold public entities liable—if you meet deadlines, prove proper notice and causation, and overcome immunity defenses. Many claims fail due to procedural missteps or weak evidence. If your vehicle was damaged, act quickly and preserve every detail.

Contact Thompson Law for Help with Your California Pothole Claim

You don’t have to battle a city or county alone. At Thompson Law, our California team knows how to navigate the claims system, meet deadlines, and push back against denials. We work on a contingency basis—meaning you pay nothing unless we win.

Get a free consultation today. Let us review your claim, gather evidence, and help you recover what you deserve.

If you’ve been wondering, can I sue the city if a pothole damages my vehicle in California, don’t wait until it’s too late. Strict deadlines apply, and having legal guidance can make all the difference.

Cities We Serve in California for Personal Injury Cases

We proudly serve clients across California, including Los Angeles, San Diego, San Jose, San Francisco, Fresno, Sacramento, Long Beach, Oakland, Bakersfield, Anaheim, and many other communities. Whether you need a dedicated Los Angeles personal injury lawyer or legal representation anywhere else in the state, our team is ready to help.

• Los Angeles
• San Diego
• San Jose
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• Fresno
• Sacramento
• Long Beach
• Oakland
• Bakersfield
• Anaheim
• Stockton
• Riverside
• Irvine
• Santa Ana
• Chula Vista
• Fremont

Frequently Asked Questions About Pothole Damage Claims in California

Can I sue the city if a pothole damages my vehicle in California?

Yes. Under the California Tort Claims Act, you can pursue a claim against a city or county if you timely file the required notice and prove the agency had notice and failed to act.

How long do I have to file the claim?

You generally have six months to present a claim from the date of damage. After that, your ability to sue may be lost. (Gov’t Code § 911.2, § 911.4)

What happens after I submit a claim?

The entity has 45 days to respond. If it denies or fails to respond, you typically have six months from denial to file a lawsuit.

What evidence is most helpful?

Photographs, repair estimates, prior complaints or maintenance logs, witness statements, and call records to public works help establish notice and causation.

Can I file a late claim?

In rare cases, yes. California allows discretionary late claims under § 911.3 or § 911.4 if you can show excusable neglect or compelling reasons. Success is not guaranteed.

What if the damage happened on a state highway?

For state highways, Caltrans claims rules apply. You can often file claims up to $12,500 directly with Caltrans. Be sure to follow specific instructions for your region.

Do I need a lawyer?

Yes. These claims are complex, and government agencies aggressively defend them. An attorney helps maximize your chances, handle procedure, and preserve your rights.

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