Legal Question in Civil Litigation in California

Re: Caltrans claim on damaged wheels

You absolutely have a legitimate claim. Pot holes are negligent if maintained by a municipality, county or state. I would go to the county in which you did your damage. Get a claim form, and timely file it. For your information, many lawsuites were filed against the City of New York, for slip and falls on City streets, caused by pot holes. In fact, so many that the Council passed an ordinance, that no suit could be brought based upon the city's negligence for maintaining a negligent condition (the pothole), unless the city had been given notice of the existance of the pot hole. As a result, the New York City Bar Association, scoured the city and diagramed the whereabouts of each and every pot hole in the city. They were then sent on to the City of New York as notice to the city. Suits of still filed against the City of New York for negligent maintenance of pot holes. Get the appropriate claim forms from the city or county wherein you pot hole resides.

Re: Caltrans claim on damaged wheels

Based on your description of the size of the hole you probably have a complaint. You need to file a claim with the government agency as soon as possible. Check and be sure that you are serving the government agency responsible for maintaining that road.

If your claim is denied than you shoud file a small claims action.

Re: Caltrans claim on damaged wheels

As stated, there are claims deadlines for your claim against the city for negligent maintenance of the street. As to where to file after would depend on the amount of damage you suffered. It would likely be in small claims. Be aware that there is generally a dealine for filing a complaint after denial of your claim by any government entity.

If we can assist you in the future, please contact us at www.unalaw.com and somebody will assist you as soon as possible.