California Government Claims Act — Car Accidents Involving Government Vehicles

When a car accident involves a California state or local government vehicle — a Caltrans truck, CHP cruiser, city bus, county maintenance vehicle, or school district van — a separate legal procedure applies before you can file a lawsuit. The California Government Claims Act (Government Code § 810 et seq.) imposes a six-month claim presentation requirement that is shorter and separate from the general two-year statute of limitations.

Overview of the Act

The California Government Claims Act establishes a mandatory pre-litigation claim process for tort claims against public entities. Government Code § 911.2 requires that claims for personal injury or property damage against a public entity be presented to the entity within six months of the date the cause of action accrued (usually the date of the accident).

The Act applies to claims against the State of California, counties, cities, school districts, special districts, and all other public entities. It covers Caltrans vehicles, CHP patrol cars, city and county transit buses (including LA Metro, BART, Muni, OCTA), public works vehicles, and school district transportation.

The Six-Month Deadline

The six-month claim presentation deadline runs from the date the cause of action accrued — usually the date of the accident. For accident-related personal injury, the six-month clock typically begins the day the accident occurs. Late claims are generally rejected, and failure to present a timely claim bars the lawsuit entirely — regardless of how strong the merits of the case are.

Government Code § 911.4 allows late claim applications (within one year of accrual) if the delay was due to mistake, inadvertence, surprise, or excusable neglect. The public entity has discretion to grant or deny late claims. Courts review denials under the excusable neglect standard — the analysis is case-specific.

Identifying the Correct Public Entity

Claims must be presented to the correct public entity. State vehicles (Caltrans, CHP) require presentation to the California Government Claims Program administered by the Department of General Services. City vehicles require presentation to the city clerk of the relevant city. County vehicles require presentation to the county clerk. Transit agencies (like Metro or BART) typically have their own claims departments.

Presenting a claim to the wrong entity does not toll the deadline — the claim must be refiled with the correct entity within the remaining time, if any. Identifying the correct entity at the outset is important.

Claim Presentation Requirements

Government Code § 910 specifies the information that must be included in a government tort claim: claimant's name and address, the date, place, and circumstances of the occurrence, a general description of the injury and damage, the name of the public employee causing the injury (if known), and the amount claimed (if under $10,000) or a statement that the amount exceeds $10,000.

Claims may be submitted on a standardized form or in letter form satisfying § 910. The California Government Claims Program provides a form for state entity claims at www.dgs.ca.gov.

After Claim Presentation

The public entity has 45 days to accept or reject the claim (Government Code § 912.4). If the claim is rejected (or if 45 days pass without action), the claimant has six months from the date of rejection (or 45 days after the action period, if no action was taken) to file a lawsuit. A lawsuit filed without prior government claim presentation, or after the post-rejection period has run, is subject to dismissal.

General legal information only. Not legal advice. The Government Claims Act has strict technical requirements — consult a licensed attorney promptly if you were injured by a government vehicle.