By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Pothole damage in LA?
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Can I sue the City of Los Angeles for pothole damage?
Yes. There is no separate “pothole reimbursement” program. The way to be reimbursed is a claim for damages, and the City Attorney says all claims for money damages against the City must be filed with the City Clerk (L.A. City Attorney). If the City denies the claim, you can then sue, including in small claims court.
The legal test is the same one used for any dangerous condition of public property. Under Gov. Code § 835 you must show the pothole was a dangerous condition, it caused the damage, and either a City employee created it or the City had notice of it in time to repair it. Notice can be actual (someone reported it) or constructive (it was there long enough and was obvious enough that a reasonable inspection system would have found it) under § 835.2. Many pothole claims are lost on notice: a hole that opened the night before is hard to pin on the City.
Deadline: six months for car damage
Damage to your car is damage to personal property. A claim for injury to a person or to personal property must be presented within six months after it accrues; other claims, such as damage to land or buildings, have one year (Gov. Code § 911.2). The City Attorney’s claims page states the same deadlines (L.A. City Attorney). If you were also hurt, the injury claim has the same six months. File both in one claim.
The City has 45 days to act; if it does nothing, the claim is treated as rejected (Gov. Code § 912.4). After a written rejection you generally have six months from the date the notice was mailed or handed to you to sue (Gov. Code § 945.6). See how to count the deadline and what happens after you file.
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What to file with a pothole damage claim
File online at claims.lacity.org, by mail to the Office of the City Clerk, 200 North Spring Street, Room 395, Los Angeles, CA 90012, or in person at Room 395 (enter on Main Street), Monday through Friday, 8:00 a.m. to 4:30 p.m. Emailed or faxed claims are not accepted (City Clerk). The form is the “Claim for Damages to Person or Property,” Form Cont. 100-A (PDF). Attach:
- Photos of the pothole with something for scale, and wide shots showing the lane and the nearest address or cross street. The form asks for the closest street address or cross street and a diagram with an X marking the spot.
- Date and time of the damage.
- Your 311 service request number, and any earlier reports you know of. The form asks whether the problem was reported and for “any report, service or claim numbers.”
- Repair invoices and estimates: tire, rim, alignment, suspension, towing. The City Attorney lists repair estimates, paid invoices, photos, proof of ownership, insurance information and police reports as typical documents (L.A. City Attorney).
- The damaged tire or rim, kept or photographed.
- The amount. State it on the form. If a claim is over $10,000, the law says to leave out the dollar figure and say whether it would be a limited civil case (Gov. Code § 910(f)).
The City Attorney says vehicle damage claims are settled with the legal owner, the owner’s attorney or the insurer, and asks people not to file duplicate claims (L.A. City Attorney). If your insurer already paid, tell the City. Our documents checklist covers the rest.
Los Angeles potholes by the numbers
Report potholes through MyLA311 or by calling 311; StreetsLA also lists its call center at (800) 996-2489 (StreetsLA). The Public Works annual report for fiscal year 2022-23 lists an average pothole turnaround time of 2.4 days (Public Works annual report 2022-23).
- StreetsLA completed 38,338 pothole requests in fiscal year 2022-23 and maintains about 7,300 centerline miles of streets and alleys (Public Works annual report 2022-23).
- The City has “23,000 lane miles of streets”; after the 2024 winter storms (Feb. 4 to March 12, 2024) StreetsLA closed 8,937 service requests with 13,287 individual repairs (StreetsLA).
- On Feb. 21, 2026, the Mayor’s office said crews had filled more than 10,000 potholes since the December holiday storm (Mayor of Los Angeles).
- Crosstown reported on March 19, 2026 that January pothole reports reached 6,707, up 49% from the month before, and that a StreetsLA official had told it the previous June that only 12 of the City’s 28 pothole trucks run daily (Crosstown).
How often the City pays (old data). The most detailed public numbers are from 2013. NBC4’s I-Team reported on Oct. 7, 2013 that from 2003 to 2012 drivers filed about 6,600 pothole claims seeking over $5 million, and the City reimbursed 627 drivers a little over $352,000 in total. NBC also reported that the City Attorney “often rejects claims for damage from potholes its known about for months or years” (NBC Los Angeles). Those figures are more than a decade old, but they show why documenting notice matters.
Is it a City street? Caltrans and County roads
A claim filed with the wrong agency can fail, so check who owns the road.
| Where the pothole is | Who to file with | How |
|---|---|---|
| City of Los Angeles street | Los Angeles City Clerk | Online at claims.lacity.org, mail, or in person at City Hall, Room 395. No email or fax. |
| State highway or freeway, including state routes on city streets such as Lincoln Boulevard (SR-1) | Caltrans for claims of $12,500 or less; the Department of General Services above that | Caltrans form DOTLD-0274, mailed to the District 7 claims office, 100 South Main Street, 13th floor, Los Angeles, CA 90012, (213) 897-0816, no fee. Larger claims: DGS, $25 fee or waiver. |
| Road in an unincorporated area of LA County | County of Los Angeles, Board of Supervisors | Executive Officer, Board of Supervisors, Attention: Claims, 500 W. Temple Street, Room 383, Los Angeles, CA 90012, in person or by mail. (213) 974-1440. |
Caltrans describes Lincoln Boulevard as “also designated as State Route 1 (SR-1)” in the City of Los Angeles (Caltrans). Caltrans claim rules are on its damage claim page and DGS rules on the DGS claim page; State claims are governed by Gov. Code § 905.2. County Public Works has a map of unincorporated areas, and County claim details are on the Board of Supervisors page. More on our Caltrans claim, LA County claim and which agency pages.
Pothole crashes that cause injuries
Potholes do more than bend rims. A motorcycle or bicycle rider who hits one can be thrown, and a driver who swerves can hit another car. The same six-month claim and the same § 835 test apply, and the injury claim is usually worth far more than the vehicle damage. Our pages on pothole and dangerous road crashes, Los Angeles motorcycle accidents and bicycle accident claims cover those cases. If someone died, see wrongful death claims against the City.
Small claims court after a denial
If the City denies a vehicle damage claim, small claims court is often the practical next step. An individual can sue for up to $12,500 (CCP § 116.221); businesses and other parties are limited to $6,250 (CCP § 116.220). No one may file more than two small claims cases over $2,500 anywhere in California in a calendar year (CCP § 116.231). The California Courts self-help center explains the process. You still need the government claim and its rejection first, and the six-month deadline to sue after a written denial still applies. See claim denied.
Related pages
- How to file a claim against the City of Los Angeles
- How to file a claim with the City Clerk
- Documents checklist
- Dangerous condition of public property
- Which agency do I file with?
- My claim was denied
- Caltrans claims
- Claims against LA County
- Pothole or dangerous road crash: can you sue?
- Los Angeles car accident lawyer
Common questions
Can I sue the City of Los Angeles for pothole damage to my car?
Yes. You first file a claim for damages with the Los Angeles City Clerk within six months. The City is liable only if the pothole was a dangerous condition and the City created it or knew or should have known about it in time to fix it, under Government Code section 835.
How do I get reimbursed for a flat tire from a pothole in Los Angeles?
File a claim with the City Clerk at claims.lacity.org, by mail to 200 N. Spring St., Room 395, or in person. Attach the tire and alignment invoices, photos of the pothole with its location, the date and time, and your 311 service request number.
How long do I have to file a pothole damage claim in Los Angeles?
Six months from the date of the damage. Vehicle damage is damage to personal property, which has a six-month deadline under Government Code section 911.2.
How often does the City of Los Angeles pay pothole claims?
The most detailed public figures are old: NBC4 reported in October 2013 that of about 6,600 pothole claims filed from 2003 to 2012, the City reimbursed 627 drivers a little over $352,000 in total.
Who do I file with if the pothole was on Lincoln Boulevard or a freeway?
Caltrans. Lincoln Boulevard in Los Angeles is State Route 1. Claims of $12,500 or less go to the Caltrans district claims office on form DOTLD-0274 with no fee; larger claims go to the Department of General Services with a $25 fee or a waiver.
Can I take a pothole claim to small claims court?
Yes, after the City rejects your claim or lets 45 days pass without acting. Individuals can sue for up to $12,500 in small claims court, with no more than two cases over $2,500 per year statewide.
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Los Angeles pothole damage and injury lawyer — Beverly Law
Hurt or left with a damaged car by a Los Angeles pothole? We find out who owns the road and file with the right agency on time. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Sources
- Cal. Gov. Code § 835
- Cal. Gov. Code § 835.2
- Cal. Gov. Code § 910
- Cal. Gov. Code § 911.2
- Cal. Gov. Code § 912.4
- Cal. Gov. Code § 945.6
- Cal. Gov. Code § 905.2
- Cal. Code Civ. Proc. § 116.220
- Cal. Code Civ. Proc. § 116.221
- Cal. Code Civ. Proc. § 116.231
- L.A. City Attorney, Claims
- L.A. City Clerk, Claim for Damage
- City of Los Angeles claim form (Form Cont. 100-A)
- StreetsLA, Report a pothole
- L.A. Public Works Annual Report 2022-23
- StreetsLA statistics
- Mayor of Los Angeles (Feb. 21, 2026)
- Crosstown (Mar. 19, 2026)
- NBC Los Angeles I-Team (Oct. 7, 2013)
- Caltrans, Submit a damage claim
- Caltrans, SR-1 Lincoln Boulevard project
- DGS, File a claim
- LA County Board of Supervisors, Claims for damages
- LA County Public Works, Find unincorporated areas
- California Courts, Small claims
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.