General information, not legal advice. This guide explains California law in general terms. It isn't advice about your situation, and laws and deadlines can change. Check the official sources linked on this page.
Car accident involving a California government agency
If a city bus, a county truck, a state vehicle, or a dangerous public road played a part in your crash, ordinary deadlines don't apply. California's Government Claims Act usually requires a written claim to the agency within six months, before you can sue.
Short answer: For injury claims, present a written claim to the public entity within 6 months of the crash (Gov. Code §911.2). The agency has 45 days to act (§912.4). After a written rejection, you generally have 6 months to sue (§945.6). If you missed the 6 months, a late-claim application is due within 1 year (§911.4).
When this applies
The claim rules apply to claims for money against California public entities: the state, counties, cities, school districts, transit agencies and other districts. In car crashes, that usually means:
- a crash with a vehicle driven by a public employee on the job, such as a city bus, police car, county truck or state vehicle
- a crash caused by a dangerous condition of public property, such as a road defect, a missing or broken signal, or a hidden hazard. Government Code §835 sets when a public entity can be liable for a dangerous condition.
Uninsured motorist coverage doesn't treat government-owned vehicles as "uninsured" (Ins. Code §11580.2(b)). So this claim process is often the main route.
The deadlines
| Step | Deadline | Law |
|---|---|---|
| Present the claim (injury or death) | 6 months after it accrues (usually the crash date) | Gov. Code §911.2 |
| Late-claim application, if you missed it | Reasonable time, no later than 1 year after accrual | §911.4 |
| Agency acts on the claim | 45 days, or it's deemed rejected | §912.4 |
| Sue after written rejection | 6 months from the date the notice is delivered or mailed | §945.6 |
| Sue if no written notice was given | 2 years from accrual | §945.6 |
You can't sue for damages until the claim has been acted on or deemed rejected (§945.4).
Minors aren't exempt. The usual extra time for minors under CCP §352 doesn't apply to claims that must first go to a public entity (§352(b)). See the statute of limitations guide.
What the claim must say
Government Code §910 requires the claim to show:
- the claimant's name and address, and where notices should be sent
- the date, place and other circumstances of the crash
- a general description of the injury, damage or loss
- the name of the public employee who caused it, if known
- the amount claimed and how it was figured, if it's less than $10,000. If it's more than $10,000, don't state an amount; say instead whether it would be a limited civil case.
Many agencies have their own claim forms. Use the agency's form if it has one, and keep a copy plus proof of delivery.
Where to send it
Under §915, a claim against a local public entity is delivered to its clerk, secretary or auditor, or mailed to that person or to the governing body at its main office. Check the city's or county's website for "claims" or "risk management" to find its form and address.
A claim against the State of California goes to the Department of General Services. DGS lets you file online or on paper (form ORIM 006). It charges a $25 filing fee, and you can ask for a fee waiver (form ORIM 005). Under §911.2(b), a state claim counts as presented on the date it's submitted with the $25 fee or with a fee waiver request. If the waiver is denied, the fee must be paid within 10 calendar days of the denial notice.
After you file
- The agency generally has 45 days to act (§912.4). If it doesn't act in time, the claim is deemed rejected.
- Keep the rejection letter and its envelope. The 6-month deadline to sue starts on the date the notice was delivered or mailed.
- Keep the other deadlines in mind: an SR-1 is still due within 10 days if it applies, and your own MedPay can still help with medical bills.
Common questions
How long do I have to file a claim against a California city or county after a car accident?
For personal injury or death, Government Code §911.2 requires the claim to be presented within six months after the claim accrues, which is usually the date of the crash. Most other claims have one year.
What if I missed the 6-month deadline?
You can apply to the agency for permission to file a late claim. Government Code §911.4 requires that application to be made within a reasonable time, and no later than one year after the claim accrued, with the proposed claim attached and the reason it was late.
Can I sue the government right away?
Generally no. Government Code §945.4 bars suing a public entity for money damages until a written claim has been presented and either acted on or deemed rejected. Under §912.4 the agency has 45 days to act, and if it doesn't, the claim is treated as rejected.
How long do I have to sue after the claim is rejected?
Government Code §945.6 gives six months from the date a written notice of rejection is personally delivered or mailed. If the agency didn't give the required written notice, you generally have two years from the date the claim accrued.
Does the 6-month deadline apply to minors?
Yes. The extra time minors normally get under Code of Civil Procedure §352 doesn't apply to claims that must first be presented to a public entity (§352(b)). Being a minor can support a late-claim application, but that application is still due within one year of the crash (Gov. Code §911.4).
What about a crash with a federal vehicle, like a postal truck?
California's Government Claims Act covers California public entities such as the state, counties, cities and districts. Claims involving federal agencies and employees follow federal law, which has its own claim forms and deadlines. This guide doesn't cover those.
Sources
The sources this guide cites. We check the guide against these sources before publishing and each time we review it.
- California Government Code §911.2, six-month deadline for injury claims (California Legislative Information)
- California Government Code §912.4, 45 days for the agency to act (California Legislative Information)
- California Government Code §945.6, deadline to sue after a claim is rejected (California Legislative Information)
- California Government Code §911.4, applying to file a late claim (California Legislative Information)
- California Government Code §835, dangerous condition of public property (California Legislative Information)
- California Insurance Code §11580.2, uninsured and underinsured motorist coverage (California Legislative Information)
- California Government Code §945.4, claim required before suing (California Legislative Information)
- California Code of Civil Procedure §352, extra time for minors (California Legislative Information)
- California Government Code §910, what a government claim must say (California Legislative Information)
- California Government Code §915, where to deliver a government claim (California Legislative Information)
- File a Government Claim against the State (Department of General Services)
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