A CBS Information California investigation discovered harm claims from potholes and particles on California freeways tripled in simply the primary half of 2023, whereas Caltrans minimize harm payouts in half.
Our evaluation of 1 not too long ago denied harm declare revealed Caltrans possible knew concerning the “harmful situation” months earlier than the harm occurred but denied the driving force’s declare and didn’t present the proof she wanted to sue Caltrans till it was too late for the driving force to make use of it in courtroom.
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Angie’s Story: A pothole saved her from her mother
Angie Rubin was driving south down the 101 freeway one April afternoon on her solution to go to her 95-year-old mom in a retirement dwelling when she hit a pothole.
The pothole, which was within the center lane of the freeway, “ripped the tire to shreds,” Rubin defined. She by no means made it to see her mom that day.
Angie Rubin
After “wobbling” her automobile to the aspect of the freeway, dodging vehicles rushing by, a tow truck introduced her automobile to a close-by vendor for repairs. There, one of many mechanics informed her she wasn’t the primary to hit that pothole.
“He is like, ‘Oh yeah, we all know that pothole,'” Rubin recalled.
Angie Rubin
Rubin submitted a declare to Caltrans for harm reimbursement. Hers was certainly one of 30,000 claims submitted between 2018 and mid-2023. She was additionally one of many many drivers whose claims had been denied.
CBS Information California Investigates additionally recognized that Caltrans possible knew concerning the pothole that Rubin hit, months earlier than the harm occurred. Then, Caltrans delayed giving Rubin the information she requested of earlier reviews of the pothole till it was too late for Rubin to make use of the proof in courtroom.
Based on Caltrans knowledge obtained by CBS Information California Investigates, the variety of harm claims submitted to Caltrans tripled in simply the primary half of 2023 in comparison with the total years’ value of claims throughout the earlier 5 years.
The explanation for this enhance may be as a consequence of extra potholes. A bigger share of those claims talked about potholes than in any earlier 12 months. Within the first half of 2023, about three-quarters of claims talked about potholes, in comparison with lower than half between 2018 and 2022.
As pothole harm claims elevated, Caltrans declare approvals decreased
Based on California legislation, if the state knew a couple of harmful situation and did not repair it, the state is accountable to pay for the damages.
Drivers can sue the state, however for damages underneath $12,500 (beforehand $10,000), Caltrans presents an early decision claims course of.
If drivers are denied, they’ve six months after they’re denied to file a courtroom motion on their declare.
When Rubin filed her declare with Caltrans, she stated she thought, “This can be a no-brainer. Like, in fact, they’ll deal with it.”
Caltrans requires “clear proof, reminiscent of time, location, and images, of the harmful situation of the roadway and present it occurred on the state freeway system,” which Rubin supplied.
“I confirmed them the pothole. I confirmed them the tire with the massive chunk taken out of it,” she stated.
However Caltrans denied her declare stating the company was not liable.
“In the event that they denied my declare. Are they paying any claims?” Angie requested.
Total, between 2018 and mid-2023, Caltrans authorized about 7% of claims, for which the standing data was out there.
Over time, the share of claims authorized has dropped. In 2018 Caltrans authorized 1 in each 10 claims. However knowledge by means of mid-2023 present Caltrans solely authorized 1 in each 25 claims. (This doesn’t embrace claims that didn’t have standing data or that had been nonetheless pending.)
It appears like “David and Goliath”
Caltrans denied repeated interview requests from CBS Information California to reply questions concerning the claims course of and why so few claims are authorized.
As a substitute, Caltrans’ public affairs chief, Edward Barrera, pointed us to this assertion on their web site.
The assertion, partially, notes that the driving force should show that “the street on the state freeway system was in harmful situation, Caltrans knew concerning the harmful situation, or ought to have identified, and that Caltrans had enough time to repair the issue earlier than the harm occurred.”
CBS Information California requested Barrera over e mail how drivers are anticipated to show what Caltrans knew and the way a lot time is “enough” to repair a identified pothole on a freeway. However he refused to reply. As a substitute, he urged that we file a “CPRA” or California Public Data Act request to get the solutions to these questions.
Again in August 2022, Rubin filed her personal CPRA. She requested Caltrans for any reviews of the pothole she hit in April 2022.
Angie Rubin
State legislation offers companies 10 days to reply to CPRAs, however permits them to delay releasing information.
“Month after month after month, I’d get these emails saying, ‘We’ll get again to you in one other two months,'” Rubin stated.
Caltrans finally gave Rubin a solution. The paperwork the division despatched her urged a pothole in the identical space the place she hit her pothole had been reported in January 2022, greater than three months earlier than Rubin’s accident. However information present Caltrans did not full the work on the pothole till June 2022, a number of months after Angie’s accident.
Angie Rubin’s pothole timeline
January 2022: A pothole is reported to Caltrans on the US 101 South freeway close to the CA 134, CA 170 break up.
April 23, 2022: Rubin hits a pothole, which damages her automobile, on the US 101 South freeway close to the CA 134, CA 170 break up.
Could 2, 2022: Rubin information the claims with Caltrans.
June 14, 2022: Caltrans completes work on the reported pothole on the US 101 South freeway close to the CA 134, CA 170 break up.
July 13, 2022: Caltrans sends Angie a discover of denial claiming the state just isn’t accountable for the damages. The letter features a footnote that claims she has six months from the date the letter is mailed or delivered to file a courtroom motion.
August 17, 2022: Rubin information a CPRA, looking for proof that Caltrans knew concerning the pothole earlier than her accident.
January 13, 2023: Six months after the date on Rubin’s denial letter, which might be the deadline to file a courtroom motion on her declare, Caltrans continued delaying offering the requested information.
March 7, 2023: Caltrans supplies Rubin with the requested information seven months after she filed her CPRA, and two months after the deadline for her to make use of them to file a courtroom motion in opposition to Caltrans. The information counsel that Caltrans did know concerning the pothole that broken Rubin’s automobile (or a pothole in the identical space) a number of months earlier than Rubin’s accident however didn’t compete work on it till a number of months after Rubin’s accident.
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Above: One of many paperwork Caltrans launched to Angie Rubin after she filed a Public Data Act request to see if a pothole had been reported on the 101 South. It reveals there was a pothole reported in the identical space as Angie’s accident in January 2022.
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Above: One of many paperwork Caltrans launched to Angie Rubin after she filed a Public Data Act request. It reveals Caltrans completed patching potholes on the 101 in June 2022 in the identical space as Angie’s accident.
“They make it so exhausting. I actually assume they need you to go away,” Rubin stated.
Rubin did not get her reply – proof that Caltrans knew concerning the pothole – till March 2023, seven months after she requested data on the pothole and two months after the deadline for her to attraction her denied declare in courtroom.
Angie Rubin
“It does really feel a bit of bit like David and Goliath,” Rubin stated.
However, Rubin’s mother taught her not to surrender.
“Caltrans must be held accountable,” she stated.
Rubin has turned to CBS Information California Investigates to search out out if the California Division of Transportation is deliberately denying legitimate harm claims.
Nonetheless, we can’t know for a lot of extra months as we now have to attend for the company to meet our Public Data Act requests.
The division waited practically six months to launch knowledge reference on this story – and right here in our sidebar.
We’re now ready on Caltrans to reply to a number of extra information requests that ought to give us perception into why Caltrans is denying the next share of claims and the way drivers can enhance their success fee.
Keep tuned!
