To file a claim against Caltrans, you submit a written government tort claim within six months of the incident for personal injury, vehicle damage, or other personal property loss, or within one year for damage to real property. Claims of $12,500 or less go to Caltrans on Form LD-0274; larger claims go to the state Government Claims Program on Form DGS ORIM 006 with a $25 filing fee. Missing the deadline generally ends the case, so the first thing to pin down is which clock you are on.
Your Filing Deadline
California splits government claims into two windows. Personal injury, wrongful death, vehicle damage, and other personal property claims must be filed within six months of the date of the incident. Claims for damage to real property or breach of contract have one year.
The clock starts on the incident date, not the day you noticed the damage or got a repair estimate. These deadlines are enforced strictly. There is a narrow path to file late, covered further down, but the safe assumption is that if you miss the window, you lose the claim.
Which Form to Use and Where to Send It
The form and the office both depend on how much you are asking for.
Claims of $12,500 or Less
For death, personal injury, or personal property claims totaling $12,500 or less, use Caltrans Form LD-0274, available as a PDF on the Caltrans website.1California Department of Transportation. Submit Damage Claim Mail the original signed form, with copies of your supporting documents, to the Caltrans District Claims Office covering the county where the incident occurred. The district map on the Caltrans site shows which office to use.
Caltrans requires an original signature, so fax and email submissions are not accepted. Send the package by certified mail with return receipt requested. The return receipt is your proof of delivery and date, which matters if the agency later disputes when the clock started.
Claims Over $12,500
Larger claims do not go to Caltrans directly. They go to the Government Claims Program run by the California Department of General Services. You will need Form DGS ORIM 006 (the Government Claim Form) and a $25 filing fee, payable to the State of California by check or money order.2California Department of General Services (DGS). Government Claim Form
Mail the form, fee, and supporting documents to the Office of Risk and Insurance Management, Government Claims Program, P.O. Box 989052, MS 414, West Sacramento, CA 95798-9052. In-person delivery is also accepted at 707 3rd Street, 1st Floor, West Sacramento, CA 95605.1California Department of Transportation. Submit Damage Claim
The $25 fee can be waived if you receive SSI, CalWORKs, or food assistance, or if your monthly income is at or below 125 percent of the federal poverty line.3California Department of General Services (DGS). GCP Filing Fee Guide
What Your Claim Must Contain
State law sets the minimum contents of any government tort claim:4California Legislative Information. California Government Code GOV 910
- Your full name, mailing address, and the address where notices should be sent.
- The date, location, and circumstances of the incident. For a highway incident, include the county, highway number, direction of travel, and the nearest cross-street or post-mile marker.
- A general description of the injury, property damage, or loss.
- The names of any Caltrans employees involved, if you know them.
- If the total claim is under $10,000, the specific dollar amount and how you calculated it. If it is over $10,000, do not state a figure; instead indicate whether the case would qualify as a limited civil case.
Beyond those minimums, evidence is what carries the claim. Include clear photographs of the damage and the road condition or hazard, at least two written repair estimates or one paid itemized invoice with proof of payment, and any police reports, medical records, or vehicle registration that apply.5California Department of Transportation. DOT LD-0274 Claim Against California Department of Transportation for Amounts $12,500 or Less
What Happens After You File
The agency has 45 days to act on your claim. During that period, an investigator reviews the file and may contact you for more information. At the end of the 45 days you will receive one of three responses: approval in full or part, a settlement offer, or a written rejection.6California Legislative Information. California Government Code GOV 912.4
Silence has a legal meaning here. If nothing arrives by the end of the 45th day, your claim is deemed denied on that date. That matters because the lawsuit clock starts running from the deemed-denial date even though no letter ever comes.
If You Already Missed the Six-Month Deadline
You can submit a written application for permission to file a late claim. The application has to be filed within one year of the incident, has to explain why the original deadline was missed, and has to attach the proposed claim itself. Accepted reasons include mistake, inadvertence, surprise, and excusable neglect.7California Legislative Information. California Government Code GOV 911.4
The agency has 45 days to grant or deny the application. If it denies the application or ignores it, you can petition the superior court for permission to proceed. That petition must be filed within six months after the late-claim application is denied or deemed denied.8California Legislative Information. California Government Code GOV 946.6
Late applications are not routine. The agency weighs whether the delay hurt its ability to investigate, and delay works against you.
If Your Claim Is Rejected
A rejection letter is not the end. The notice will tell you about your right to sue. From the date the rejection is mailed or personally delivered, you have six months to file a lawsuit.9California Legislative Information. California Government Code GOV 945.6
If no written rejection is ever sent, including a claim that is simply deemed denied after 45 days of silence, you have two years from the date of the incident to sue.9California Legislative Information. California Government Code GOV 945.6
For smaller amounts, small claims court is available. Individuals can sue for up to $12,500 there, without an attorney, and cases move faster than in regular civil court.10California Courts. Small Claims in California
What You Have to Prove
Filing on time gets you in the door. To actually recover, you have to show that Caltrans property had a dangerous condition at the time of the incident, that the condition caused your harm, and that it created a foreseeable risk of the kind of injury you suffered.11California Legislative Information. California Government Code GOV 835
You also have to show how the condition came about. Either a Caltrans employee’s negligence created it, or Caltrans had notice of the problem and enough time to fix it. Constructive notice means the defect was obvious enough and lasted long enough that reasonable inspections should have caught it.12California Legislative Information. California Government Code GOV 835.2 A pothole that opened overnight is a much harder claim than one that sat for weeks.
A “dangerous condition” also has to be more than trivial; the law requires a substantial risk of injury, not a minor defect.13California Legislative Information. California Government Code GOV 830 A hairline crack in the pavement generally will not qualify. A deep, unmarked pothole in a travel lane almost certainly does.