When is MnDOT liable for damage to my car or property?
The damage must have occurred on a state highway. State highways include trunk highways and the interstate system. If damage to your car or property was due to negligence on our part, we may be liable.
The condition has to have existed long enough that we should have been notified or noticed it and had a reasonable amount of time to repair the condition or take precautions against or warning of the condition before we are considered negligent. This does not generally include:
- Weather related events and conditions (ice, snow, flooding, etc.)
- Damages caused by other motorists/vehicles
- Unreported road debris or condition
- Claimant's own negligence
How do I file a claim against MnDOT?
Use the contact information in the left column to reach the District Traffic Engineer in each outstate district or the Metro District Tort Claims Engineer for the metro area.
If the damage occurred in the metro area and was due to a pothole please report the pothole first. Please be prepared to provide the time and location where the damage occurred and what the allegations are.
The state is self-insured, this means that our Tort Claims office will handle your claim directly. There is no insurance or investigative agencies that represent us. We will work with our district offices and with the State Attorney General's Office to investigate your claim.
Your claim must be filed within 180 days after the alleged loss or injury.
What are the next steps?
It takes MnDOT about a month to investigate a claim and respond with the outcome. If you are eligible for compensation a Release Agreement will be sent to you. You must sign and return the agreement before payment can be made. This usually takes about three weeks.