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Guide · October 7, 2026

The Six-Month Government Claim Deadline in California (2026)

Hit by a city bus or police car, or hurt on public property in California? You may have six months, not two years. How the government claim works.

A city bus clipped your car. A police cruiser ran a light. A sidewalk heaved by a tree root sent you to the ground. You assumed you had two years, because that is what everyone says. When a public agency is on the other side, that assumption can end your case before it starts.

The short answer

If a city, county, the State of California, a school district, a transit agency, or any other public entity caused your injury, you must file a written government claim with that agency within six months of the injury. That rule is Government Code section 911.2. The claim is not a lawsuit. It is a formal notice that has to come before any lawsuit, and if you skip it or file it late, the court will usually throw the case out no matter how strong it is. The two-year deadline most people know about does not protect you here.

Who counts as a public entity

More of the world is "public" than most people realize. The rule applies when the responsible party is any of these:

  • The State of California, including Caltrans, which owns the freeways and state highways, and the California Highway Patrol.
  • Counties: county roads, sheriff's vehicles, county hospitals, county parks.
  • Cities: city streets, sidewalks, traffic signals, police and fire vehicles, city trucks.
  • Transit agencies: Metro in Los Angeles, OCTA, San Diego MTS, BART, Muni, and the local bus line in a smaller town.
  • School districts, public hospitals, water and utility districts, and the University of California.

If a public employee was driving a public vehicle on the job, the claim goes against the agency. If the hazard was a dangerous condition of public property, such as a broken signal or a sidewalk defect, the claim goes against whichever agency owns or controls that property. A street can be a city street, a county road, or a state highway, and only the right one can be held responsible.

Why six months instead of two years

For a claim against a private driver or business, Code of Civil Procedure section 335.1 gives you two years. Public agencies get their own rules under the Government Claims Act, written so the agency can investigate while evidence is fresh. The six months runs from the date of injury. It does not pause because you were in the hospital, because you were negotiating with an adjuster, or because you did not know which agency was involved.

What the claim must contain

Government Code section 910 lists what goes in the claim. In plain words:

  1. Your name and mailing address, and where you want notices sent.
  2. The date, place, and circumstances of what happened.
  3. A general description of your injuries and losses as far as you know them.
  4. The names of the public employees involved, if you know them.
  5. The amount claimed if it is under $10,000, or a statement about whether the case would be a limited civil case if it is more.

Most agencies have their own form. State claims go through the state's Government Claims Program. What matters is that the right agency receives it, in writing, on time, and that you can prove it. Deliver it in person and get a stamped copy, or use a method with proof of delivery. This is one place where a lawyer earns the fee.

What happens after you file

The agency has 45 days to act. It can accept the claim, reject it, or ignore it.

  • Rejected in writing: you have six months from the mailing of the rejection notice to file a lawsuit. This second deadline is just as strict as the first.
  • Ignored: the claim is treated as rejected after 45 days, and you generally have two years from the date of injury to file suit.
  • Accepted: the agency pays or negotiates.

What if six months have already passed

You are not automatically done, but you need to move fast. Government Code section 911.4 lets you ask the agency for permission to file a late claim within one year of the injury. You have to show a recognized reason: mistake, inadvertence, surprise, or excusable neglect, or that you were a minor or physically or mentally incapacitated during the six months. If the agency denies the application, you can petition the court.

Courts do not grant these lightly. "I did not know the rule" is weaker than you would hope. Inside the one-year window, call a lawyer today. After a year, the path is very narrow.

Where this rule catches people

A few patterns come up again and again in car accident and pedestrian accident cases:

  • Hit by a bus. Transit agencies are public. The rule applies even if you were a passenger on the bus.
  • Crash with a police car, fire engine, or city truck. The driver was on the job, so the agency is the responsible party.
  • Dangerous road or intersection. A signal green both ways, a stop sign hidden by an untrimmed tree, a missing guardrail. These are dangerous condition claims under Government Code section 835 and require proof the agency knew or should have known about the hazard.
  • A private driver plus a public road defect. You may have two claims at once: two years against the driver, six months against the agency. Filing the first does not preserve the second.

Suing the individual employee is not a workaround. The claim is required first for anything a public employee did on the job.

We handle these cases across California, from Los Angeles to the Central Valley. A short free case review is enough to tell you whether your clock is six months or two years.

What to do this week

  1. List every agency that might be involved: the vehicle's markings, who owns the road, who maintains the signal, who runs the bus.
  2. Get the police or CHP report number. It usually names the agency vehicle and driver.
  3. Photograph the hazard now, before the agency fixes it.
  4. Do not give a recorded statement to the agency's adjuster. Our guide on recorded statements explains why.
  5. Calendar the six-month date as a hard stop. The statute of limitations guide covers the other deadlines you may be facing.

This guide is general information, not legal advice. Deadlines and rules change; talk to a lawyer about your situation.

Keep reading

Questions people ask

How long do I have to file a claim against a city in California?

Six months from the date of injury for personal injury, wrongful death, or damage to personal property, under Government Code section 911.2. That applies to every city, county, state agency, transit district, and school district. The written claim has to come before any lawsuit.

What happens if I miss the six-month deadline for a government claim?

You can ask the agency for permission to file a late claim within one year of the injury, but you need a recognized reason, such as excusable neglect, being a minor, or being incapacitated. If the agency refuses, you can ask a court. After one year, your options are extremely limited.

Can I sue Caltrans for a car accident?

Yes, when a dangerous condition of a state highway caused or contributed to the crash and Caltrans knew or should have known about it. The claim goes to the state's Government Claims Program within six months. These cases turn on engineering evidence and maintenance records, so starting early matters.

Does the six-month rule apply if I was a passenger on a city bus?

Yes. Transit agencies are public entities, and the Government Claims Act applies whether you were a passenger, a pedestrian, a cyclist, or in another car. File the claim with the transit agency within six months.

Does the six-month deadline apply to a claim against a private driver?

No. Against a private driver or business, the deadline is generally two years under Code of Civil Procedure section 335.1. But many crashes involve both. If a public road defect or a public vehicle played any part, treat the whole case as if it has six months.

If a public agency is anywhere in your story, find out this week what your deadline really is. Call (310) 746-5775 or request a free case review online, and we will tell you straight.

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