Act Fast: Navigating the Strict Rules of the California Government Claims Act

If another private person causes an injury in California, the general statute of limitations for a personal injury lawsuit is two years. But when a city, county, state agency, public employee, transit agency, or another government entity may be responsible, a much shorter deadline can apply before a lawsuit is ever filed. California Code of Civil Procedure section 335.1 generally provides the two-year limitations period for ordinary personal injury actions.

That distinction matters throughout the San Francisco Bay Area.

You could be struck by an SFMTA Muni vehicle in San Francisco, injured because of a dangerous condition on property maintained by the City of San Rafael, involved in a collision with a government-owned vehicle, or hurt because of a dangerous condition on a state highway.

In any of those situations, one of the first questions should be whether California’s Government Claims Act applies.

For many personal injury claims against California public entities, you must present a written government claim within six months after the claim accrues. That claim-presentation requirement is separate from—and usually comes before—the deadline for filing a lawsuit in court. California Government Code section 911.2 establishes the six-month presentation period for claims involving personal injury, death, and certain property damage.

Understanding how to file a government claim after an injury in California is therefore critical. A person who assumes the ordinary two-year personal injury deadline applies could discover that a much earlier government-claim deadline has already passed.

The Six-Month Government Claim Deadline

For many personal injury claims against a California public entity, Government Code section 911.2 requires the claim to be presented no later than six months after the cause of action accrues.

The key word is “months.” It is not safe to simply treat the deadline as 180 days. Calendar months and 180 days are not always the same.

The deadline can arise in cases involving:

• Muni buses and other public transit vehicles;
• vehicles owned or operated by cities, counties, or state agencies;
• dangerous sidewalks or other public property;
• dangerous roadway conditions;
• public construction projects;
• accidents involving public employees acting within the scope of their employment;
• certain injuries at public buildings, parks, schools, or facilities; and
• other incidents in which a California public entity may bear legal responsibility.

Because identifying the correct public entity can take time, the investigation should begin early.

How Do You File a Government Claim After an Injury in California?

The exact procedure depends on which government entity is responsible, but the process generally involves identifying the correct public entity, preparing a claim containing the information required by California law, and presenting it to the proper recipient before the applicable deadline.

Step 1: Identify Every Potentially Responsible Public Entity

The first step is determining who owned, operated, maintained, controlled, or created the condition involved in the accident.

That is not always obvious.

A crash on a state highway may involve the State of California or Caltrans. An accident involving a Muni vehicle may involve San Francisco transportation agencies. A dangerous sidewalk could implicate a city, another public entity, a private property owner, or some combination of parties depending on the circumstances.

Major construction and infrastructure projects can be even more complicated. A public agency may own the property while a private contractor performs the work. Multiple agencies may also have responsibility for different portions of the same roadway or facility.

Identifying the wrong entity can create serious problems when the six-month period is running.

Step 2: Determine Where and How the Claim Must Be Presented

Different public entities have different procedures for receiving claims.

For a local public entity, Government Code section 915 generally allows a claim to be delivered or mailed to specified officials, including the clerk, secretary, or auditor, or mailed to the governing body at its principal office. Electronic presentation may also be permitted when the entity has expressly authorized it. Claims against the State of California generally must be presented through the California Department of General Services.

Many government entities publish their own claim forms and instructions.

Using the entity’s designated procedure can help avoid unnecessary disputes, but the important issue is ensuring that the claim complies with California law and is properly presented to the correct entity.

Keep records showing when, where, and how the claim was submitted.

Step 3: Include the Information Required by Government Code Section 910

A government claim is more than a notice saying that an accident occurred.

Government Code section 910 requires a claim to include information such as:

• the claimant’s name and mailing address;
• the address where notices should be sent;
• the date and location of the incident;
• the circumstances giving rise to the claim;
• a general description of the injuries, damages, or losses known at the time;
• the names of responsible public employees, if known; and
• certain information concerning the amount claimed.

If the claim totals less than $10,000, the statute generally requires the amount claimed and the basis for calculating it.

If the claim exceeds $10,000, the claimant should not state a specific dollar amount. Instead, the claim must indicate whether the lawsuit would be a limited civil case.

This is one reason simply writing a demand letter to the government may not be enough.

Step 4: Describe What Happened Carefully

The description of the incident matters because the government claim helps define the factual basis of the claim that may later be litigated.

The claim should identify where the incident happened and explain the basic circumstances giving rise to liability.

For example, instead of merely stating:

“I was injured because of a dangerous sidewalk.”

the claim may need to identify the specific location and explain the condition that allegedly caused the fall.

Similarly, a roadway case may require identifying the particular highway, direction of travel, intersection, lane, shoulder, construction area, or roadway condition involved.

The goal is not to write an entire lawsuit inside the administrative claim. But the claim should provide enough information for the public entity to understand and investigate what allegedly occurred.

Step 5: Do Not Wait for Medical Treatment to Finish

Serious injuries often evolve over time.

A person may still be treating for a traumatic brain injury, spinal injury, fracture, orthopedic injury, or other condition when the six-month claim deadline arrives.

You generally cannot wait until the medical picture is completely resolved before addressing the government-claim deadline.

Government Code section 910 specifically contemplates that a claimant provide a general description of injuries and losses “so far as” they are known at the time the claim is presented.

That makes early investigation especially important. The claim must satisfy the statutory requirements while recognizing that future treatment, wage loss, disability, or other damages may not yet be fully known.

What Happens After You File a Government Claim?

Presenting the claim does not mean that you have filed a lawsuit.

It begins an administrative process during which the public entity can investigate and act on the claim.

Government Code section 912.4 generally gives the public entity 45 days after presentation to act on the claim, although that period can be extended by written agreement in certain circumstances. If the entity fails to act within the applicable period, the claim is generally deemed rejected.

The government may:

• accept or resolve the claim;
• reject the claim in writing;
• take action on only part of the claim; or
• allow the claim to be deemed rejected by failing to act within the applicable period.

A rejection is not necessarily the end of the case. In many situations, rejection is what permits the injured person to proceed with a civil lawsuit.

How Long Do You Have to Sue After the Government Rejects Your Claim?

Another important deadline begins after the administrative claim process.

If the public entity provides a written rejection notice that satisfies Government Code section 913, Government Code section 945.6 generally requires a lawsuit to be filed no later than six months after the notice is personally delivered or deposited in the mail.

If the required written notice is not given, Government Code section 945.6 generally provides a limitations period of two years from accrual of the cause of action.

That distinction can be extremely important.

A claimant should therefore keep every letter, envelope, email, notice, and other communication received from the public entity after filing the claim.

What Happens If You Miss the Six-Month Government Claim Deadline?

Missing the initial six-month claim deadline can seriously jeopardize a case, but it does not automatically mean that every potential claim is permanently lost.

Government Code section 911.4 provides a procedure for applying to the public entity for permission to present a late claim in certain circumstances. The application generally must be presented within a reasonable time that does not exceed one year after accrual of the cause of action.

Different requirements apply to obtaining relief, and late-claim applications are not automatically granted.

There can also be additional procedures after a public entity rejects an application for leave to present a late claim.

For that reason, someone who discovers that six months may already have passed should not simply assume the case is over. The better approach is to determine immediately whether a late-claim procedure or another exception may still be available.

Common Mistakes in California Government Injury Claims

Filing Against the Wrong Government Entity

One of the most dangerous mistakes is assuming responsibility based solely on where an accident occurred.

The fact that an accident happened in San Francisco does not necessarily mean the City and County of San Francisco is the only responsible entity. A state agency, regional authority, transit agency, school district, utility district, or another governmental body may control the property or employee involved.

Private defendants may also share responsibility.

Waiting Because the Injuries Are Still Developing

Medical treatment can continue for months or years. The government-claim deadline does not necessarily wait for a person’s medical condition to stabilize.

A claimant may therefore need to present the claim while treatment remains ongoing.

Providing an Inaccurate or Overly Vague Description

A claim that identifies the wrong location, wrong agency, or materially different circumstances can create avoidable disputes later.

The description should be accurate enough to permit a meaningful investigation of the incident.

Assuming an Insurance Claim Is the Same as a Government Claim

Communicating with an insurance administrator, government employee, investigator, or risk-management representative does not necessarily satisfy the Government Claims Act.

The statutory claim-presentation requirements should be separately evaluated.

Assuming a Public Employee’s Involvement Is Obvious

A government employee may be operating a vehicle that looks like an ordinary passenger vehicle. Construction crews may work through contractors. Transit systems can involve several entities.

Investigating who employed the person and who owned or controlled the equipment can be just as important as investigating fault.

Examples of Bay Area Accidents That May Involve Government Claims

Government-claim issues can arise in many types of San Francisco Bay Area injury cases.

Muni and Public Transit Accidents

A pedestrian, cyclist, passenger, or driver injured in an accident involving a Muni bus, light-rail vehicle, or other public transit operation may face government-claim requirements that do not apply in an ordinary private car accident.

Dangerous Sidewalks and Public Property

Falls caused by severely damaged sidewalks, dangerous public stairways, defective public facilities, or other hazardous government property can involve public-entity liability.

These cases can also involve disputes over who actually controlled or was responsible for maintaining the particular location.

Dangerous Road Conditions

Potholes, roadway defects, dangerous intersections, inadequate maintenance, construction zones, and other public-property conditions can potentially lead to claims against the agency responsible for the roadway.

Government entities have significant statutory defenses and immunities in public-property cases, so the fact that a roadway was dangerous does not automatically establish liability.

Government Vehicle Accidents

A collision involving a city truck, county vehicle, public works vehicle, police vehicle, state vehicle, or other government-owned vehicle may trigger government-claim requirements even though the crash otherwise resembles an ordinary motor vehicle accident.

If you were injured in a collision, our San Francisco car accident lawyer page explains additional issues that commonly arise in California vehicle cases.

Why Evidence Should Be Preserved Early

Government cases are often evidence-intensive.

Depending on what happened, relevant evidence may include:

• surveillance or traffic-camera footage;
• photographs of a dangerous condition;
• vehicle data;
• incident reports;
• maintenance records;
• inspection records;
• 311 complaints;
• prior accident reports;
• public works records;
• construction documents;
• witness statements;
• photographs taken by government employees;
• roadway plans;
• employment records; and
• communications concerning the condition or accident.

Some evidence can disappear quickly. Video can be overwritten, vehicles can be repaired, potholes can be filled, sidewalks can be replaced, and construction sites can change.

Preserving evidence early can make an enormous difference in proving what existed at the time of the accident.

Do You Need a Lawyer to File a California Government Claim?

California law does not require every injured person to hire a lawyer simply to present a government claim.

But claims involving public entities can be significantly more complicated than ordinary insurance claims because they combine short procedural deadlines with special statutes governing public-entity liability and immunity.

An attorney evaluating the case may need to determine:

• which public entities should receive claims;
• whether private defendants are also responsible;
• when the claim accrued;
• what information should be included in the administrative claim;
• which immunity defenses may apply;
• what evidence should be preserved;
• whether a late-claim application is necessary; and
• when the subsequent lawsuit must be filed.

Those issues can become particularly important in cases involving catastrophic injuries or disputed responsibility.

Why Anderson Franco Law Handles Government Injury Claims Differently

Anderson Franco Law represents injured people throughout San Francisco, Marin County, and the greater Bay Area.

Before representing injured plaintiffs, Anderson Franco represented insurance companies and defended injury claims. That experience now informs how he evaluates liability disputes, damages arguments, insurance defenses, and litigation strategy.

The firm also emphasizes direct attorney involvement. Cases are handled selectively so clients can communicate directly with the lawyer responsible for the case rather than having the matter primarily managed through a high-volume intake system.

A government injury case may require investigating multiple agencies, preserving evidence quickly, reviewing public records, analyzing immunity defenses, and complying with deadlines that arise months earlier than an injured person might expect.

Frequently Asked Questions About California Government Claims

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

For many claims involving personal injury or death, you generally have six months after the cause of action accrues to present a government claim under Government Code section 911.2. Different rules can apply depending on the type of claim and circumstances.

Is the California government claim deadline 180 days?

The California government claim deadline for many personal injury claims is stated as six months, not 180 days. Because six calendar months and 180 days are not necessarily identical, you should calculate the statutory deadline using the applicable law rather than assuming they are interchangeable.

Can I sue a California public entity without first filing a government claim?

For many causes of action against California public entities, you generally must comply with the Government Claims Act’s claim-presentation requirements before filing the lawsuit. Exceptions and different procedures may apply depending on the claim.

What information must a California government claim contain?

A California government claim generally must identify the claimant, provide an address for notices, describe when and where the incident occurred, explain the circumstances giving rise to the claim, describe the known injuries or losses, identify responsible public employees if known, and provide the damages information required by Government Code section 910.

What happens after a California government claim is denied?

After a California government claim is properly rejected in writing, the claimant generally has six months from the delivery or mailing of the rejection notice to file the lawsuit, subject to the specific requirements of Government Code section 945.6.

Can I file a late government claim in California?

You may be able to seek permission to present a late government claim if the initial six-month period was missed. Government Code section 911.4 generally requires a late-claim application to be made within a reasonable time not exceeding one year after accrual, although additional requirements and exceptions apply.

Talk to a California Personal Injury Lawyer About a Government Claim

If you were injured in an accident involving a city, county, state agency, public employee, transit agency, dangerous roadway, or other public property, do not assume that the ordinary personal injury deadline applies.

Government claims can involve much shorter deadlines, and determining the correct public entity can take time.

Anderson Franco Law represents injured people throughout San Francisco, Marin County, and the greater Bay Area. The firm offers free consultations and provides direct attorney involvement in the cases it accepts.

Call or text 415-727-1832 to discuss your situation, or visit our FAQs / Resources page for answers to common California personal injury questions.

Disclaimer: This article provides general information about California law and is not legal advice. Government claims are highly fact-specific, and different statutes, exceptions, immunities, claim-presentation rules, and limitations periods may apply. Reading this article or contacting the firm does not create an attorney-client relationship.