Is Caltrans liable for the freeway pothole that damaged your car?
Q. I was traveling north in the slow lane of the 605 Freeway and had just passed Del Amo Boulevard in the Cerritos-Lakewood area when I heard a loud pop. A rear tire had blown out. The tow truck driver arrived quickly and changed my tire. The pickup truck parked in front of me also had a blown rear tire and was being serviced by another AAA tow truck driver. I filed a claim with Caltrans for the damage to my car: $1,652.94. I received a letter from Caltrans denying my claim, stating, “The California Department of Transportation cannot be held liable for damages without prior notice of a dangerous condition and sufficient time to have taken measure(s) to protect against the dangerous condition, per California Government Code.” I requested an appeal and a review by a supervisor. Will Caltrans grant me an appeal, and reimburse me for my damages?
– Joanne Rumpler, San Dimas
A. Decades ago, Young Honk walked into his family home, fuming. He had run over a pothole that damaged a rim – the young whippersnapper wanted justice and, more importantly, some cash.
But Pops Honk, an attorney, told him the law was how Caltrans put it in your letter, Joanne.
Honk isn’t suggesting you give up – no, ma’am.
You can file a California Public Records Act request, asking for documents saying when that pothole was discovered and how the agency responded to it, to determine if Caltrans indeed was told about the problem well before you came across it.
So you don’t have to bounce around the internet, Honk will send you a link so you can file one, if you like, Joanne. If anyone else wants that link, he is more than happy to share it.
Q. The problem your reader faced getting a vehicle ready for a smog check – after the on-board computer’s memory disappeared perhaps because the battery had been changed – is more common than we think. You explained the cause perfectly. However, going back repeatedly for a smog test only to find the monitors haven’t reset yet is time consuming and costly. The answer is to pick up an OBDII test device. They’re cheap and simple to use to see if the monitors have reset. Depending on the age of his vehicle, he may either need them all reset, or all but one. But he’ll only have to make one trip for the smog test.
– M.J. Knudsen, Trabuco Canyon
A. This problem is indeed very common, and getting such a device, also called an OBD2 reader, is a “great idea,” said Rudy Rodriguez, diagnostic-services supervisor with the Automobile Club of Southern California.
There are various driving scenarios that experts offer up to create a vehicle memory; Honk spelled some out last week. The state’s Bureau of Automotive Repair recommends driving the vehicle 15 times – boosting the coolant’s temperature at least 40 degrees to 160 – and covering at least 200 miles in all. State officials say the goal will likely be obtained well before that.
Hence, Honk’s reader’s suggestion could make a lot of sense.
“This way he will know for sure that his car will pass when he takes it,” Rodriguez told Honk via email. “But to be honest, most cars are ready after they’re driven to work and back every day for a week or so.”
HONKIN’ FACT: At a DUI checkpoint in Marin County this month, a driver was arrested by the California Highway Patrol after cruising up, the agency said, while drinking a beer.
To ask Honk questions, reach him at honk@ocregister.com. He only answers those that are published. To see Honk online: ocregister.com/tag/honk. Twitter: @OCRegisterHonk