If you were hurt in a car accident caused by a city bus, a county maintenance truck, a state highway patrol vehicle, or any other government-owned car, the clock started running the moment the crash happened. Not in two years. Not in one year. In six months.
Most injured people don't know this. They assume they have the same two-year window that applies to ordinary car accident claims under Cal. Code Civ. Proc. §335.1. By the time they figure out the rules are different, the deadline has already passed.
This article explains exactly what the California Tort Claims Act requires, who it applies to, and what you need to do before you can take a government agency to court.
Quick-answer summary:
- California requires you to file a written claim with the government agency within six months of the accident date before you can sue.
- This deadline comes from Cal. Gov. Code §911.2.
- The deadline applies to accidents involving vehicles, employees, or property belonging to any state, county, city, school district, or other public entity.
- After you file, the agency has 45 days to accept, reject, or ignore your claim.
- If the claim is rejected or ignored, you have six months from that point to file a lawsuit in civil court.
- Miss the six-month filing window and you generally lose your right to sue, regardless of how serious your injuries are.
Why claims against government entities work differently than regular insurance claims
When another private driver causes your accident, you deal with their insurer and, if necessary, file a civil lawsuit. The ordinary two-year statute of limitations under Cal. Code Civ. Proc. §335.1 governs when that lawsuit must be filed.
Government defendants operate under a different legal framework: the California Tort Claims Act (Cal. Gov. Code §810 et seq.). The Act was designed to give public entities early notice of potential claims so they can investigate while evidence is fresh, budget for liabilities, and decide whether to settle quickly. The trade-off for that notice requirement is a much shorter deadline for you.
The practical result is a two-track process. You do not get to skip straight to a lawsuit the way you could against a private defendant. First you file a government claim. Then, only after the claim is rejected or ignored, can you file a civil lawsuit.
In California, you have only six months from the date of the accident to file a written claim with a government agency before you can sue, this deadline is set by California Government Code Section 911.2.
The shortened filing window and why it catches people off guard
The six-month clock under Cal. Gov. Code §911.2 starts on the date the accident occurred or, in some situations involving ongoing or hidden harm, the date you first discovered the injury. For a straightforward car accident, that almost always means the day of the crash.
Six months sounds like enough time. It isn't, for two reasons.
First, people often spend the first weeks focused on medical treatment, not legal deadlines. By the time the bills arrive and the insurance carrier starts offering settlements that feel too low, three or four months may already be gone.
Second, many people do not immediately recognize that the other vehicle belonged to a public entity. A maintenance truck may carry a generic logo. A contractor working for a city may drive an unmarked vehicle. If you later discover the at-fault driver was a government employee acting within the scope of their job, your six-month clock started on the accident date, not the date you made that discovery.
If you miss the six-month deadline to file a government tort claim in California, you lose the right to sue that agency, no matter how serious your injuries are.
What counts as a government vehicle or agency for these purposes
The California Tort Claims Act covers a wide range of public entities. Under Cal. Gov. Code §811.2, a "public entity" includes the state, a county, a city, a district, a public authority, a public agency, and any other political subdivision or public corporation.
In practical terms, the Act applies to accidents involving:
- State-owned vehicles (California Highway Patrol cars, Caltrans trucks, state university fleet vehicles)
- County vehicles (sheriff's department cars, county public works trucks, county transit buses)
- City vehicles (municipal police cars, fire department engines, city public works equipment)
- School district vehicles (school buses, administrative fleet vehicles)
- Transit authority vehicles (Metro buses and rail cars, local transit authority buses, paratransit vans)
- Public hospital and utility district vehicles
Any vehicle owned or operated by a federal, state, county, city, school district, transit authority, or other public entity qualifies as a government vehicle for purposes of the California Tort Claims Act.
The driver does not need to own the vehicle personally. What matters is whether the driver was an employee or agent of a public entity acting within the scope of their employment at the time of the crash. Under Cal. Gov. Code §815.2, a public entity is liable for an injury caused by an act or omission of an employee acting within the scope of employment.
A note on federal government vehicles: If a federal employee caused your accident while on duty (for example, a U.S. Postal Service driver or a military vehicle operator), the Federal Tort Claims Act applies instead of California's Tort Claims Act. The federal rules include a two-year administrative claim deadline, and the process runs through the relevant federal agency. That scenario is outside the scope of this article, but the core principle is the same: there is a mandatory pre-lawsuit filing step, and it has a hard deadline.
Step-by-step: filing a government claim before you can sue
Step 1. Identify the correct public entity
Before you file anything, confirm which agency owns the vehicle or employs the at-fault driver. A police report will often list the agency. If the vehicle was a city bus, contact the transit authority directly. If you're unsure, an attorney can run a records search.
You generally file with the agency most directly responsible. If the accident involved a state agency, you file with the California Victim Compensation Board or directly with the specific state department. If it involved a city or county employee, you file with the clerk of that city or county.
Step 2. Prepare a written claim that meets the statutory requirements
Cal. Gov. Code §910 sets out what the written claim must include:
California Government Code Section 910 requires your written claim to include your name, address, the date and place of the incident, a description of the injury, and the amount of damages you are claiming.
Specifically, the claim must state:
- Your name and address
- The address where you want notices sent
- The date, place, and circumstances of the accident
- A general description of your injury and the losses you suffered
- The name or names of the public employees who caused the injury, if known
- The dollar amount you are claiming, if it is $10,000 or less; if the amount exceeds $10,000, you simply indicate that the claim exceeds that threshold
Most agencies provide their own government claim form. Use it if one is available, it ensures you do not accidentally omit a required field. The DIR and individual city or county websites typically post the form online.
Step 3. File before the six-month deadline
The claim must be presented to the agency before the six-month deadline under Cal. Gov. Code §911.2. File in person, by certified mail with return receipt requested, or by a method the agency specifically authorizes. Keep copies of everything, including the postmark or delivery confirmation.
Step 4. Wait for the agency's response
After you file, the government agency has 45 days to accept, reject, or fail to act on your claim under California Government Code Section 912.4.
Under Cal. Gov. Code §912.4, the agency has 45 days from the date the claim is presented to act on it. If the agency takes no action within 45 days, the claim is deemed rejected by operation of law.
Step 5. Track your lawsuit deadline from the rejection date
Once the claim is formally rejected, or once it is deemed rejected by inaction, you have six months from that date to file a lawsuit in civil court. This is a separate and shorter deadline than the standard two-year personal injury statute of limitations.
If the agency rejects your claim or does nothing within 45 days, you then have six months from the date of that rejection to file a lawsuit in civil court.
What happens if your claim is rejected, reduced, or ignored
Formal rejection: The agency sends you a written rejection notice. The notice must state that you have six months from the date of the notice to file a court action. That six-month window controls.
Deemed rejection by inaction: If the agency does not respond within 45 days under Cal. Gov. Code §912.4, the claim is treated as rejected. The six-month window runs only from a written rejection notice served in accordance with the statute; if the agency never sends such notice, you instead have two years from the accrual of your cause of action to file suit.
Partial acceptance: The agency may accept liability for some amount but dispute the full value of your claim. You are not required to accept the partial offer. You can reject it and file a lawsuit within the six-month window to seek the full value.
Why the rejection letter matters: Keep every piece of correspondence from the agency in a dated file. The rejection letter's date controls your lawsuit deadline. If you cannot locate the letter, the six-month window calculation becomes complicated, and you risk miscounting.
How this deadline interacts with your normal injury claim timeline
If the at-fault driver was a private person who is separately liable (for example, a private contractor working alongside a city crew, or another private driver who contributed to the same accident), the standard two-year personal injury statute of limitations under Cal. Code Civ. Proc. §335.1 applies to the claims against those private defendants.
That means you can be running two parallel deadlines at the same time:
- Six months to file the government tort claim against the public entity
- Two years from the date of the accident to file a lawsuit against any private defendants
Missing the six-month deadline does not automatically kill your claim against the private parties. But most accident victims want to pursue every source of recovery, and failing to preserve the government claim cuts off what may be a significant share of your total damages.
Common mistakes that cost people their right to compensation
Waiting to feel better before contacting an attorney. Medical recovery time often overlaps with the six-month filing window. By the time you feel well enough to focus on legal matters, the deadline may have passed.
Assuming a police report is the same as a claim. Filing a police accident report does not satisfy the California Tort Claims Act requirement. A separate written claim must go to the responsible public entity.
Filing with the wrong agency. A claim filed with the city when the vehicle actually belonged to the county may be rejected as improper. Confirming the correct agency before you file protects the deadline.
Underestimating future medical costs. You can state a preliminary damages figure on the claim form and amend it later in the lawsuit. But if you settle a claim for a number you listed without accounting for future surgeries or ongoing treatment, that amount may limit your recovery.
Not knowing about the late-claim relief process. If you missed the six-month deadline, you are not necessarily without options. Under Cal. Gov. Code §911.6, you can apply to the agency for leave to file a late claim. The agency may grant it if you can show the delay was caused by mistake, inadvertence, surprise, or excusable neglect, and the application is made within one year of the accident date. If the agency denies the application, you can petition the superior court. This is not a guaranteed route, but it exists and is worth pursuing if the window has closed.
Not connecting a workers' comp claim to a third-party claim. If you were injured by a government vehicle while you were working, you may have both a workers' compensation claim against your employer and a third-party personal injury claim against the public entity. Those are separate legal paths that can both produce recovery. A workers' comp claim does not waive your right to pursue the government entity, but coordinating the two claims requires care. If this applies to your situation, our workers' compensation attorneys can help you understand how both tracks interact.
FAQ
How long do I have to file a claim against a government agency in California?
You have six months from the date of the accident or incident to present a written claim to the responsible public entity. This deadline is set by Cal. Gov. Code §911.2. It is shorter than the two-year statute of limitations that applies to ordinary personal injury claims in California.
What counts as a government vehicle accident in California?
Any accident caused by a vehicle owned by a public entity, or by an employee of a public entity who was acting within the scope of their job at the time of the crash, qualifies. This includes state agency vehicles, city and county vehicles, police and fire department vehicles, school buses, transit authority buses and trains, and public university fleet vehicles.
Is the government claim deadline different from a regular car accident deadline?
Yes, significantly. A standard California car accident claim against a private defendant carries a two-year statute of limitations under Cal. Code Civ. Proc. §335.1. A claim against a government entity requires a written claim filed within six months under Cal. Gov. Code §911.2 before any lawsuit can even be started. Missing the six-month window bars the claim against the public entity even if the two-year period has not yet run.
What happens if my government claim is denied?
If the agency formally rejects your claim in writing, you have six months from the date of that rejection notice to file a lawsuit in civil court. If the agency takes no action within 45 days of receiving your claim, the claim is deemed rejected under Cal. Gov. Code §912.4, and your six-month lawsuit window begins from the end of that 45-day period.
What if I missed the six-month deadline?
You may still apply to the public entity for leave to file a late claim under Cal. Gov. Code §911.6. The agency can grant the application if you demonstrate the delay was caused by mistake, inadvertence, surprise, or excusable neglect. This application must be made within one year of the accident date. If the agency denies it, you can petition the superior court. The outcome is not guaranteed, but an attorney can evaluate whether the facts of your situation support the application.
Do I need a lawyer to file a government tort claim?
The law does not require you to have an attorney to file the initial written claim. However, identifying the correct agency, completing the claim form accurately, calculating your damages, and tracking all subsequent deadlines is much harder than it looks, and errors can be permanent. Given that the six-month deadline is unforgiving and that this is often a precursor to litigation against a well-resourced public entity, most injured people benefit from having an attorney handle the process from the start.
Can I sue the government for a car accident in California?
Yes. California's Tort Claims Act does not make the government immune from suit; it requires you to follow a specific pre-lawsuit claim process first. Once you have filed a timely claim and received a rejection, you have the right to file a lawsuit in civil court and seek compensation for medical expenses, lost wages, pain and suffering, and other damages.
Does the government claim process apply to federal agencies?
No. If a federal agency or federal employee caused your accident, the Federal Tort Claims Act governs. That is a separate statute with its own rules and timelines, administered at the federal level. The California Tort Claims Act applies only to state, county, city, district, and other California public entities.
What if a private contractor was driving the vehicle instead of a government employee?
The answer depends on the contractor's status and relationship to the public entity. If the contractor was an independent contractor, not an employee, the public entity may not be liable under Cal. Gov. Code §815.2, and the standard two-year personal injury statute of limitations against the private contractor would apply. If the facts are unclear, an attorney should evaluate whether the government claim deadline applies to your specific situation.
How much can I recover if a government vehicle caused my accident?
The amount you can recover depends on the severity of your injuries, your medical expenses, your lost wages, and the impact on your daily life. California law does not impose a general cap on damages for most tort claims against public entities. You should speak with an attorney about the specific facts of your case to understand what compensation you may be entitled to pursue.
If a government vehicle or agency employee injured you in a car accident, every day you wait narrows your options. The six-month deadline under Cal. Gov. Code §911.2 is not negotiable, and missing it generally ends your claim against the public entity permanently.
We've recovered over $150,000,000 for injured people across Southern California. Our personal injury attorneys know the government claims process, the correct agencies to file with, and how to pursue maximum compensation once the claim is properly on file.
Call (818) 794-9947 for a free consultation. No fee unless we win.
Reviewed by Minas Nordanyan, CA Bar #296806. Last reviewed 2026-08-21. This article is for general informational purposes only and does not constitute legal advice. Your situation may differ based on the specific facts of your case.