Suing a Government Entity After a California Car Accident
The six-month claim deadline that can make or break your case
Short answer: If a government vehicle, a public bus, or a dangerous public road caused your crash, you generally cannot just file a lawsuit. The California Government Claims Act first requires a written claim to the public entity — usually within six months of the incident (Government Code § 911.2). That is far shorter than the normal two-year deadline, and missing it can bar your case entirely.
When the Government Claims Act applies
Many serious California collisions involve a public entity rather than (or in addition to) a private driver. Common examples include:
- A collision with a city, county, or State-owned vehicle — a public works truck, a Caltrans vehicle, or a police or fire vehicle.
- A crash involving a public transit vehicle — a Muni, AC Transit, SamTrans, VTA, or BART shuttle bus.
- A crash caused by a dangerous condition of public property — a defective road design, a dangerous pothole, a malfunctioning traffic signal, or missing or obscured signage.
In each of these situations, the claim is against a "public entity," and the Government Claims Act (Government Code §§ 810–996.6) controls the process and the deadlines.
The six-month claim deadline
Before you can file a lawsuit against a public entity, you must present a written claim to that entity. For personal injury, wrongful death, and damage to personal property, the claim is generally due within six months of the date of the incident (Government Code § 911.2). This is one of the most important — and most commonly missed — deadlines in California personal injury law, because it is far shorter than the two-year statute of limitations that applies to an ordinary car accident.
The written claim must contain specific information about the claimant, the incident, and the damages, and it must be delivered to the correct entity. Errors in the contents or the recipient can jeopardize the claim, which is why prompt, careful handling matters.
What happens after you file the claim
Once a claim is presented, the public entity generally has 45 days to act on it (Government Code § 912.4). Then:
- If the entity rejects the claim and mails a proper rejection notice, you typically have only six months from the date that notice was mailed to file your lawsuit (Government Code § 945.6).
- If the entity does not send a proper notice, a longer period to sue may apply — but relying on that is risky.
- If you missed the six-month claim deadline, you may be able to apply for permission to file a late claim within one year of the incident under limited circumstances (Government Code § 911.4) — but this is not guaranteed.
Dangerous condition of public property
Beyond government-vehicle crashes, a public entity can be liable under Government Code § 835 when a "dangerous condition of public property" causes injury — for example, a poorly designed intersection, a hazardous pothole, faded lane markings, or a missing stop sign. To recover, the condition generally must have created a foreseeable risk, and the entity must have had notice of it and a reasonable opportunity to fix it. These cases are fact-intensive and benefit from early investigation before the roadway or evidence changes.
Frequently Asked Questions
How long do I have to sue a city or Caltrans after a California car accident?
Before suing a public entity, you must first present a written government claim. For personal injury and wrongful death, that claim is generally due within six months of the incident under Government Code § 911.2 — far shorter than the usual two-year deadline. Missing the claim deadline can bar your case entirely, so act quickly.
What if a city vehicle, Muni bus, or police car hit me?
A collision caused by a publicly owned or operated vehicle — a city truck, a Muni or AC Transit bus, a police car, or a Caltrans vehicle — is a claim against a public entity and is subject to the Government Claims Act. You must present a written claim, generally within six months, before filing a lawsuit.
Can I sue for a pothole or dangerous road in California?
Possibly. Under Government Code § 835, a public entity can be liable for a "dangerous condition of public property" — such as a defective road design, a dangerous pothole, or missing or obscured signage — that caused the crash, if the entity had notice and failed to fix it. These claims also require a timely government claim, generally within six months.
What happens after I file a government claim?
The public entity generally has 45 days to act on the claim. If it rejects the claim and mails a proper rejection notice, you typically have only six months from the date that notice was mailed to file your lawsuit (Government Code § 945.6). If no notice is given, a longer period may apply. These deadlines are strict, so prompt action is essential.
This article is general legal information about California law, not legal advice for any specific case. Deadlines and requirements have exceptions and change over time. Because government-claim deadlines are short and strict, consult an attorney promptly about your situation.
Related resources
Injured by a Government Vehicle or Dangerous Road?
The six-month government-claim deadline is strict. Talk to Attorney Martinovsky now — free, no-obligation consultation in English, Spanish, or Russian.