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You could file a claim with your own insurance and have them go after CDOT, but I wouldn't advise that because 1) I have a feeling the culvert isn't covered and you don't want a claim for nothing, and 2) the subrogation people at your insurance company will be better at dealing with the state than you, but could still get shut down.
I wonder if a lawyer wouldn't be able to argue that case on your behalf, or just the threat of a lawyer might make them fix it. The cost of the lawyer has got to be way more than what you'd be owed though. I once had a claim where a guy in a road grader backed over the hood of a lady at a stop behind him and that got through to the state, I think, before it got taken off my desk and moved up the chain.
Media attention might be useful, better than property damage.
If you decide to replace yourself this video might be helpful.
Last edited by Irving; 05-14-2020 at 23:25.
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