Is Caltrans liable for the freeway pothole that damaged your car?

Q. I was traveling north in the slow lane of the 605 Freeway and had just passed Del Amo Boulevard in the Cerritos-Lakewood area when I heard a loud pop. A rear tire had blown out.

The tow truck driver arrived quickly and changed my tire. The pickup truck parked in front of me also had a blown rear tire and was being serviced by another AAA tow truck driver. I filed a claim with Caltrans for the damage to my car: $1,652.



94. I received a letter from Caltrans denying my claim, stating, “The California Department of Transportation cannot be held liable for damages without prior notice of a dangerous condition and sufficient time to have taken measure(s) to protect against the dangerous condition, per California Government Code.” I requested an appeal and a review by a supervisor.

Will Caltrans grant me an appeal, and reimburse me for my damages? – Joanne Rumpler, San Dimas A. Decades ago, Young Honk walked into his family home, fuming. He had run over a pothole that damaged a rim – the young whippersnapper wanted justice and, more importantly, some cash.

But Pops Honk , an attorney, told him the law was how Caltrans put it in your letter, Joanne. Honk isn’t suggesting you give up – no, ma’am. You can file a California Public Records Act request, asking for documents saying when that pothole was discovered and how the agency responded to it, to determine if Caltrans indeed was told about the problem well before you came across it.

So you don’t have to bounce aroun.