Can Colorado local or state governments be held liable for car damage from potholes?

BY TYLER HICKMAN | THE COLORADO SUN

A road crew can repair a pothole in 30 minutes or less, at the cost of about $60 per square yard, officials say

Yes.

Colorado local and state governments can be forced to pay for car damage resulting from dangerous road conditions, including potholes.

Anyone whose vehicle is damaged by a pothole on a public road can file a claim with the state, county or city that manages the property. Public entities can only be held responsible if they were previously notified of the pothole and had the resources for repairs and sufficient time to fix it, but didn’t. 

After damage occurs, drivers have 182 days to file a claim, though it’s rare for claimants to be paid out. A 2024 news report revealed that of 1,300 pothole damage claims filed with the state since 2022, only five had received payouts, costing $11,000. 

According to the Colorado Department of Transportation, it takes a minimum three-person crew roughly 10 to 30 minutes to fix a pothole, costing about $60 per square yard.

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