Small claims court is next step for drivers with pothole damage

Q I hit a pothole crater on Bear Creek Road next to a hillside that always leaked water across the road. I measured the crater at 12 inches deep by 18 inches long. When my car hit the pothole, it didn't just pop the tire, it split the tire in half around the circumference of the wheel. It also caused some other damage to the suspension.

I made a claim with Santa Clara County, and they denied it. I think that is the first step always, deny the claim. Then I filed a lawsuit in small claims court. They called me the day before the court date and paid the total claim. I am not sure of the process to sue Caltrans, but I bet there is a way. AThere is. Read on.

Q

Tell Doug Peterson that these claims are ALWAYS denied, virtually without exception. It does not matter how valid the claim is, nor how strong the evidence. The claims are ALWAYS denied.

Mr. Peterson needs to file a lawsuit in small claims court. And he needs to do this within six months of the date on which his denial is dated. Submitting a second claim with more documentation will not affect the outcome, nor buy him more time.

The deadline is strict. So he should file a small claims court action as soon as he can, and then prepare his evidence and testimony for the hearing.

I wish him good luck! If he can establish that the state had notice of this defect for a reasonable time before the accident involving his car, he may have a shot at winning. So testimony or a declaration under penalty of perjury from the tow truck driver, or from others who had accidents before his and reported them to the state would be helpful. A This is good advice. Don't give up. Act quickly, and bring the facts of your situation. Seven of every 10 claims are initially denied. Q A $1,000 fine for passing a bus with red lights flashing is not enough. Drivers who do this should lose their license for six months.

When I was in high school a classmate was killed by a car passing her bus. This was almost 60 years ago and it still makes me angry. What a waste of a promising life. — Thom Mayer A I'm sorry about the loss of your classmate. Some buses now have cameras that can record violations and the license plate numbers of violators, providing evidence that can help in tracking down drivers who ignore the stop school bus lights and extended arm.