Caltrans Statement Regarding Pothole and Damage Claims

Caltrans does not pay for any and all damages to vehicles traveling on the state highway, and all drivers must carry adequate insurance. Under specific and strict state laws, Caltrans may be responsible for damage to vehicles traveling on the state highway system, but a filed claim does not automatically mean reimbursement.

To meet the legal requirements, a driver must establish that the road on the state highway system was in dangerous condition, Caltrans knew about the dangerous condition, or should have known, and that Caltrans had sufficient time to fix the problem before the damage occurred. The driver must provide clear proof, such as time, location, and photos, of the dangerous condition of the roadway and show it happened on the state highway system. Caltrans does not pay claims for damage related to conditions on city or county roads.  The department evaluates claims for sufficiency and decides whether to reject, accept, or deny such claims. If a claim is denied, a driver can file a lawsuit to seek a judicial determination.