Caltrans Claim: How to File a Claim Against Caltrans or the State of California for Freeway Damage or Injury (Updated November 2026)

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

Who a Caltrans or State claim covers

Caltrans is a department of the State of California. Claims for money against the State are governed by Government Code section 905.2 and are handled through the Department of General Services, with a separate small-claim route that Caltrans runs itself (Gov. Code § 905.2; Caltrans). You need a claim on file, and acted on or deemed rejected, before you can sue (Gov. Code § 945.4).

This page covers injuries and damage on roads the State owns: freeways and state routes. Some state routes run on ordinary surface streets. Caltrans describes Lincoln Boulevard as “also designated as State Route 1 (SR-1),” including a stretch inside the City of Los Angeles (Caltrans District 7). It also covers other State agencies, including CHP patrol cars, because those claims go to DGS as well.

Is it a state road? Caltrans’ Postmile Query Tool maps the State Highway System and can help confirm whether a road is a state route. Caltrans Near Me shows which district covers an area; Los Angeles and Ventura counties are District 7. We did not find a simple address lookup, so if you cannot tell, ask us or see which agency do I file with.

Deadline for a Caltrans or State claim

Six months from the incident for personal injury, wrongful death or damage to personal property such as a car, and one year for other claims (Gov. Code § 911.2). For claims filed with DGS, the claim counts as presented on the date it is filed with the $25 fee or a fee-waiver request; if a waiver is denied, the fee must be paid within 10 days (§ 911.2(b)). Count to the same date six calendar months later, use the month’s last day if that date does not exist, and do not rely on a weekend or holiday to extend it.

More on counting: government claim deadline.

Where and how to file

Claims of $12,500 or less against Caltrans. Mail the signed original form with your supporting documents to the district claims office (dot.ca.gov). For Los Angeles:

Caltrans District 7, Claims, 100 South Main Street, 13th Floor, Los Angeles, CA 90012. Phone 213-897-0816. No filing fee. Caltrans lists mail as the way to file these claims; it does not mention online or in-person filing for them.

Claims over $12,500, or against another State agency. File with the DGS Office of Risk and Insurance Management, Government Claims Program (DGS):

If you cannot afford the fee, use the DGS Fee Waiver Request Form. No fee is charged for an amendment to a claim. A mailed claim counts as presented on the day it is deposited in the mail (Gov. Code § 915.2), so use certified mail and keep the receipt.

The forms: DOTLD-0274 and DGS ORIM 006

• DOTLD-0274, “Claim Against Department of Transportation for Amounts $12,500 or Less.” For Caltrans claims at or under the threshold.
• DGS ORIM 006, “Government Claim” (Rev. 08/19). For everything that goes to DGS.

For claims against the State, you must use the State’s form for the claim to be treated as meeting the content and signature rules (Gov. Code § 910.4). The claim must give your name and address, the address for notices, the date, place and circumstances, a description of the injury, the State employees involved if known, and the amount; over $10,000, leave the figure out and say whether it would be a limited civil case (Gov. Code § 910). Sign it (§ 910.2); from January 1, 2027, the signer must also declare that, upon information and belief, the contents are true and correct (AB 2529). Neither DGS nor Caltrans lists a Spanish version of its form. Our claim form guide covers how to fill in the facts.

Documents to send

For freeway damage to a car:

• The freeway or route, direction, lane, nearest exit or cross street, and time. A postmile marker number if you saw one.
• Photos of the pothole or debris, if it was safe to take them, and of the damage.
• Tow receipt, tire and wheel invoices, and repair estimates or paid invoices.
• Proof you own the car and your insurance information, including anything your insurer paid.

For injuries, add medical records, itemized bills, proof of lost pay, and the CHP collision report number. People involved in a crash and their attorneys can get the full report from the agency that took it (Veh. Code § 20012). Keep a copy of everything. Full list: documents checklist.

What happens after you file

The State acts on claims under the procedures its board sets by rule (Gov. Code § 912.8). The 45-day clock applies: if no action is taken within 45 days after the claim is presented, it is deemed rejected on the 45th day, and the period can be extended by written agreement (Gov. Code § 912.4). If the claim is missing required information, you may get a notice of insufficiency within 20 days (§ 910.8). A written rejection must warn you of the six-month deadline to sue (§ 913). See what happens after you file.

If your claim is denied

After a written rejection, you have six months from the date it was mailed or delivered to sue, with no extra days for mailing (Gov. Code § 945.6; § 915.2(b)). With no proper notice, it is two years from accrual. Suits against the Caltrans worker or CHP officer personally follow the same deadlines (Gov. Code § 950.2; § 950.6).

For car damage, small claims court is an option once the claim is rejected. An individual can sue for up to $12,500 there (CCP § 116.221), but no one may file more than two small claims cases over $2,500 anywhere in California in a calendar year (CCP § 116.231). See claim denied.

Missed the deadline

You can apply for leave to present a late claim within a reasonable time, no later than one year after the incident, with the proposed claim attached and the reason for the delay (Gov. Code § 911.4). The State must decide in 45 days and must grant it in listed situations such as excusable neglect without prejudice, a minor claimant, incapacity, or death during the claim period (§ 911.6). After a denial, a petition to the Superior Court is due within six months (§ 946.6). See late claims.

Common Caltrans and State claims in Los Angeles

Freeway potholes and debris. DGS sends highway and pothole damage claims to Caltrans’ claims page (DGS). The State can be liable for a dangerous condition of its property if the condition caused the damage and the State either created it or had notice in time to fix it or warn (Gov. Code § 835). Notice can be shown by how long the hazard was there and how obvious it was, and by whether a reasonable inspection system would have found it (§ 835.2). A minor or trivial defect is not a dangerous condition (§ 830; § 830.2). To report a freeway problem in District 7, use Caltrans’ customer service request site. See pothole or dangerous road crash and dangerous condition of public property.

Road design. The State’s main defense in freeway design cases is design immunity: no liability for injury caused by a plan or design approved in advance, if a reasonable official could have approved it (Gov. Code § 830.6). In Cornette v. Department of Transportation (2001) 26 Cal.4th 63, a freeway case involving the lack of a median barrier, the California Supreme Court held that the State must prove a causal link between the design and the accident, discretionary approval before construction, and substantial evidence the design was reasonable. The immunity can be lost when changed physical conditions make the design dangerous and the State has notice and time to fix it or warn, and a jury decides disputed facts on that question (Cornette).

Caltrans trucks, work zones and CHP cars. The State is liable when its employee negligently drives on the job and causes a crash (Veh. Code § 17001). An officer driving an emergency vehicle to an emergency or in immediate pursuit is personally immune (Veh. Code § 17004), and a police agency with a qualifying written pursuit policy and annual training is immune for crashes caused by the fleeing driver (Veh. Code § 17004.7). These cases need the facts early.

Freeway crashes we have covered in Los Angeles include a fatal crash on the 5 Freeway near Los Feliz and a multi-car crash on the 5 near Elysian Park. See also the most dangerous freeways in Los Angeles.

How to check the status

For a Caltrans claim of $12,500 or less, call District 7 at 213-897-0816. For a DGS claim, call (800) 955-0045 or email gcinfo@dgs.ca.gov with your name and the date of the incident. Keep your certified mail receipt or the online confirmation and fee receipt. Count 45 days from presentation; with no decision by then, the claim is deemed rejected. More: claim status.

Related pages

• Claim against the City of Los Angeles
• Claim against Los Angeles County
• LA Metro bus accident claims
• Which agency do I file with?
• Pothole damage claims
• Dangerous condition of public property
• Government claim deadline
• Late claims
• Pothole or dangerous road crash
• City or county vehicle hit me
• Most dangerous freeways in Los Angeles
• Los Angeles truck accident lawyer
• Los Angeles accident lawyer

Common questions

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.