If you’ve ever driven through Los Angeles—or any major city in California—you’ve probably noticed that many roads are in poor condition. Potholes, incomplete repairs, and other hazards are a common sight. But what happens when those dangers cause damage to your car? Can I sue the city for damage to my car?
The short answer is yes, but the process is not straightforward. You must follow specific legal steps before you can hold the city accountable. In this article, Megeredchian Law explains what you need to know if your vehicle has been damaged due to unsafe road conditions.
How Can I Sue the City for Damage to my Car?
How a Lawyer Helps You Sue the City
Suing a government entity is not the same as suing another driver or a private business. There are tight deadlines, specific claim forms, and legal defenses the city may use against you. Experienced car accident lawyers in California can:
- Identify whether the city, county, or Caltrans is responsible.
- Prepare and file the Claim for Damages form within the six-month deadline.
- Collect and present evidence of the city’s negligence (such as prior complaints about the road).
- Handle communications with the city to avoid errors that could result in denial.
- File a lawsuit in court if the claim is rejected or ignored.
Without legal guidance, many claims fail because of paperwork errors or missed deadlines. If you’re considering suing the city for damages to your vehicle, call Megeredchian Law first at (866) 359-0807. Schedule a free consultation and speak to an attorney directly. We’ll evaluate your case in a matter of minutes. If you qualify for compensation, you’ll know right away and will have an expert attorney assigned to your case.
Step 1: Identify the Responsible Government Agency
Not every road in California is controlled by the same agency. Freeways and highways are typically maintained by Caltrans (state level), while surface streets may fall under a city or county government. If you file with the wrong entity, your claim will be rejected.
Step 2: File a Claim for Damages
Under the California Government Claims Act, you must file a written claim within six months of the date your car was damaged. Most cities and counties provide a “Claim for Damages” form on their official websites. For example, Los Angeles drivers can find forms through the L.A. City Attorney’s Office or the Los Angeles County Department of Consumer and Business Affairs.
Step 3: Submit Your Claim the Right Way
To protect yourself, you should:
- Send the claim by certified mail with return receipt requested, or
- Deliver it in person and request a date-stamped copy for your records.
Proof of submission is critical, especially if the city later denies receiving your claim.
Step 4: Wait for the City’s Response
The city has 45 days to respond. During that time, they may:
- Accept your claim and offer payment.
- Deny your claim in writing.
- Ask you for additional information.
If no response comes after 45 days, the claim is legally considered denied.
Step 5: File a Lawsuit if Denied
If your claim is rejected—or ignored—you only have six months from the denial date (or 45-day expiration) to file a lawsuit in civil court. Missing this deadline almost always means losing your right to recover damages.
When You May Have a Valid Claim
Not every car accident involving poor road conditions qualifies for compensation. To win, you must prove that the government was negligent and that their failure caused the damage.
Dangerous Road Conditions
You may have a case if your car was damaged by:
- Large potholes or cracks in the pavement
- Broken or raised manhole covers
- Malfunctioning traffic lights
- Missing warning signs
The City’s Knowledge and Failure to Act
The government is not automatically liable just because a hazard existed. You must show that:
- The city knew or should have known about the dangerous condition, and
- The city failed to repair it within a reasonable period of time.
Causation
Finally, you must prove that the dangerous condition was the direct cause of your damage. This is where documentation and evidence become crucial.
Additional Legal Considerations
Comparative Negligence in California
California uses a comparative negligence system. This means if you were partly responsible for the damage—for example, by speeding, ignoring warning signs, or driving recklessly—your compensation may be reduced in proportion to your fault.
Evidence You Should Gather
To support your claim, collect:
- Photos or videos of the hazardous road condition.
- Mechanic or body shop repair bills.
- Towing or rental car receipts.
- Witness statements from others who saw the damage occur.
- Records of prior complaints made about the same road hazard.
What Compensation Is Available
In a property-damage-only case, compensation is typically limited to:
- Car repair or replacement costs
- Towing fees
- Rental car expenses
- Lost wages if you could not drive to work
Unlike injury cases, you cannot claim damages for pain and suffering when only your car was damaged.
Key Deadlines You Cannot Miss
- 6 months: Deadline to file the government claim after the damage occurs.
- 45 days: Time the city has to accept, reject, or ignore your claim.
- 6 months: Time you have to file a lawsuit after a denial or non-response.
Failing to meet these deadlines almost always results in losing your right to recover damages.
Hire Experienced Car Accident Attorneys
Claiming compensation for a car accident is never easy—especially if you’re trying to prove liability against a city or local government. Only by hiring an experienced car accident law firm can you expect to receive justice and fair compensation. Don’t attempt to handle it on your own: call Megeredchian Law at (866) 359-0807 and obtain aggressive representation from knowledgeable attorneys.