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:
- Your name and mailing address, and where you want notices sent.
- The date, place, and circumstances of what happened.
- A general description of your injuries and losses as far as you know them.
- The names of the public employees involved, if you know them.
- 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
- List every agency that might be involved: the vehicle's markings, who owns the road, who maintains the signal, who runs the bus.
- Get the police or CHP report number. It usually names the agency vehicle and driver.
- Photograph the hazard now, before the agency fixes it.
- Do not give a recorded statement to the agency's adjuster. Our guide on recorded statements explains why.
- 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
- Car Accidents: how we handle these cases
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- First Rain in Los Angeles: Slick Roads, Crashes, and Who Is at Fault (2026)
- When the Clocks Fall Back: Dusk Crashes and Pedestrian Accidents in Los Angeles (2026)
- Start your free case review