If your car or truck was damaged by a pothole on a California street, you are not alone. Each year, drivers across the state experience tire blowouts, suspension damage, and even injuries from crumbling or uneven pavement. The question is simple but important: Can you sue the city for potholes?

In many cases, you can file a government claim for compensation. However, suing a city or county in California is not like filing a regular insurance claim or personal injury lawsuit. There are strict deadlines, special forms, and unique legal barriers that can make or break your case. This guide explains how the process works and how Deldar Legal can help protect your rights.

Legal Action Points

You may be able to file a government claim if a city or county’s negligence caused a pothole that damaged your vehicle or caused injuries.
Government claims follow strict rules and short deadlines that differ from normal injury cases.
You usually must file a written claim within six months of the incident.
Strong evidence and timely action are essential to preserve your right to sue.
An experienced pothole injury lawyer can help you navigate this process and increase your chances of recovery.

Holding Cities Accountable for Dangerous Roads

Cities, counties, and state agencies have a legal duty to maintain safe roads. Under California Government Code Section 835, a public entity can be held liable if a dangerous road condition, such as a deep pothole or uneven surface, caused injury or property damage, and if the agency knew or should have known about it but failed to fix it.

These cases are not handled in regular court right away. You must first submit a written government claim to the agency responsible. This could be a city public works department, a county transportation division, or Caltrans if the incident occurred on a state highway.

This law is part of the California Government Claims Act (formerly called the Tort Claims Act). It creates rules that determine when and how you can hold a public entity responsible. If you do not follow these steps exactly, your claim may be rejected automatically.

Understanding the Government Claim Process

Before you can sue a government agency, you must go through the government claim procedure. This is not optional. It is a mandatory step that must be completed before any lawsuit is filed. Can you sue the city for potholes?

Here is what that process typically looks like:

1.) Identify the Responsible Agency

Find out which entity maintains the road where the pothole was located. A city handles city streets, a county handles county roads, and Caltrans handles highways.

2.) File a Written Claim

Submit a completed government claim form to the correct agency. This must be done within six months of the date of the damage or injury. The form includes details about the location, cause, and cost of your losses.

3.) Wait for the Agency’s Response

The city or county has 45 days to respond. They can either accept, reject, or ignore the claim. If they reject it, you will receive a written notice. If they do not respond in 45 days, it is automatically considered rejected.

4.) File a Lawsuit

After a rejection, you have another six months to file a lawsuit in court. If you miss either deadline, your case may be dismissed.

This process is why pothole claims can be challenging. The deadlines are short, the paperwork is technical, and the city will have lawyers defending its side. Having an experienced attorney who understands government claims can make the difference between success and denial.

Step-by-Step Checklist After a Pothole Accident

Can you sue the city for potholes in California? If you believe a pothole caused your crash or vehicle damage, take the following steps immediately:

Get medical attention for any injuries, no matter how minor they may seem.
Report the incident to the local police or the California Highway Patrol and obtain a report number.
Take clear photos of the pothole, the street, nearby landmarks, and your vehicle damage.
Record the exact location, date, and time of the accident.
Keep all vehicle repair estimates and invoices.
Save medical records and bills if you were injured.
Gather witness names and contact information if anyone saw the accident.
Contact a qualified pothole injury lawyer to prepare and submit your government claim.

Do not delay. If you miss the filing window, the city or county can refuse to pay anything, no matter how clear their negligence may be.

Evidence You Need to Build a Strong Case

The success of a government negligence claim often depends on the strength of your evidence. You will need to show that:

The pothole was a dangerous condition.
The city or county knew about it or should have known about it.
You were injured or your vehicle was damaged as a direct result.
You complied with the filing deadlines.

Important documents to collect include:

Photos and video of the pothole before it is repaired.
Police or CHP reports.
Vehicle repair estimates.
Medical reports showing injury and treatment.
Maintenance or complaint records (your attorney can request these).

Avoid these common mistakes:

Failing to document the scene right away.
Missing the six-month government claim deadline.
Making statements to insurance adjusters without legal advice.
Assuming your insurance will cover all losses automatically.

Insurance & Other Claims

Can you sue the city for potholes? It all comes down to paperwork and legal language. You can still file a claim through your auto insurance while you pursue a government claim. Depending on your policy, collision coverage may pay for your repairs even if the city was responsible. Your insurer might then seek reimbursement from the city later.

If you suffered injuries, medical payments coverage or uninsured motorist coverage (known as UM or UIM) may help pay your medical bills while your claim is pending. Always speak to your lawyer before giving any recorded statements to insurance companies.

Can You Sue to City for Potholes? Types of Damages

Compensation for a pothole claim can include:

Economic Damages:

Vehicle repair or replacement costs
Medical bills
Lost wages
Future medical expenses

Non-Economic Damages:

Pain and suffering
Emotional distress
Loss of enjoyment of life

When you file a claim against a city or county in California, the law focuses on repayment, not punishment. The Government Claims Act only allows you to recover money for things like medical bills, car repairs, and lost wages. It does not let you ask for extra money to punish the government, even if the city was careless. The purpose of the law is to make you whole again, not to penalize public agencies. This is one of the biggest differences between government claims and lawsuits against private parties.

Why Government Claims Are So Restrictive

Unlike claims against private individuals, government claims are designed to protect public funds. This means the law favors the city or county unless you strictly comply with all rules. Common challenges include:

Very short filing deadlines
Complex forms and notice requirements
Limited damages
Public entities with teams of lawyers defending against claims

Because of these restrictions, it is easy for someone without experience to lose their right to compensation simply by missing a form or filing date. To answer our main question, can you sue the city for potholes? Only a qualified attorney can guide you through the maze and help you meet every requirement on time.

Local Context – Potholes Across California

California drivers deal with some of the roughest roads in the nation. Heavy traffic, aging pavement, and frequent temperature changes all contribute to dangerous road conditions. According to the California Office of Traffic Safety, thousands of collisions each year involve roadway defects or hazards.

Cities like Los Angeles, San Diego, and San Jose receive thousands of pothole complaints annually. Caltrans also operates an online form where drivers can file a damage claim if the pothole is on a state highway. This shows how widespread the problem has become.

Can You Sue the City for Potholes in California?

Government claims require knowledge of local laws, filing procedures, and evidence rules. Our car accident lawyers at Deldar Legal understand the technical side of these cases and how to work within California’s Government Claims Act to protect injured drivers. We can:

Identify the correct government agency responsible for your roadway
Gather evidence of prior complaints or maintenance reports
File your government claim correctly and on time
Negotiate with insurance companies and city attorneys
Take your case to court if the claim is denied

Call Deldar Now

At Deldar Legal, we’re more than just attorneys, we’re your partners in recovery. If you’ve suffered an injury due to someone else’s negligence, you deserve a top-rated personal injury attorney in California who will fight for your rights and help you rebuild your life. From the moment you contact us, we handle everything, from medical appointments and transportation to insurance negotiations and legal paperwork, so you can focus on healing.

Our experienced team represents clients across a wide range of personal injury cases, including:

Car, truck, and motorcycle accidents
Uber and Lyft rideshare accidents
Pedestrian and bicycle accidents
Slip-and-fall and premises liability claims
Dog bites and animal attacks
Traumatic brain injuries, spinal cord damage, and other catastrophic injuries
Wrongful death of a loved one

Deldar Legal is here to help. We offer free consultations and work on a no win, no fee basis, so there’s no risk in reaching out.

Call us today at (844) 335-3271 or contact us to speak with an experienced California injury lawyer. Let Deldar Legal fight for the justice and compensation you deserve.