California Government Claims Act: Car Accident Demand Letters for Public Entity Liability
Accidents involving California government entities: When a city bus, police vehicle, county maintenance truck, or other government-owned vehicle causes an accident, you cannot simply file an insurance claim. California’s Government Claims Act (Gov. Code §§ 900-996.6) requires you to file a formal tort claim with the public entity within 6 months of the accident—or you permanently forfeit your right to sue.
This 6-month deadline is strict and applies to all claims against California cities, counties, the State of California, school districts, transit agencies, and other public entities. Missing the deadline bars your claim entirely, even if you have clear liability and severe injuries. This guide covers how to identify government liability, file timely tort claims, and write effective demand letters under the Government Claims Act.
I’m a California-licensed attorney who handles government tort claims personally. For broader car accident demand guidance, see the California car accident demand letters guide.
California’s Government Claims Act creates special procedures for suing government entities (cities, counties, the state, school districts, transit agencies, etc.). Unlike standard car accident claims where you file an insurance claim and negotiate, government claims require:
- Formal tort claim: Written claim on specific form (or substantial compliance) filed with the correct public entity.
- 6-month deadline: Claim must be filed within 6 months of the accident (Gov. Code § 911.2).
- Government review: The entity has 45 days to accept, reject, or take no action on your claim (Gov. Code § 912.4).
- Rejection or deemed rejection: If rejected (or deemed rejected after 45 days), you have 6 months to file a lawsuit in court.
- No lawsuit without prior claim: You cannot sue a California public entity without first filing and being rejected on a tort claim (Gov. Code § 945.4).
- City bus accidents: Transit buses, school buses operated by public schools, paratransit vehicles.
- Police vehicle crashes: Patrol cars, sheriff vehicles, CHP cruisers (Gov. Code § 17004 provides limited immunity for emergency response).
- Fire trucks and ambulances: Fire department vehicles, county ambulances (limited immunity during emergency responses).
- Public works vehicles: City/county maintenance trucks, road repair equipment, Caltrans vehicles, garbage trucks (if public entity-operated).
- Government employee vehicles: Any vehicle driven by a government employee within the scope of employment (even personal vehicles used for official business).
| Aspect | Standard Private Claim | Government Entity Claim |
|---|---|---|
| Deadline to file claim | 2-year statute of limitations for personal injury (file lawsuit anytime within 2 years). | 6 months to file tort claim (Gov. Code § 911.2). Must file before lawsuit. |
| Where to file | File insurance claim with at-fault driver’s insurer. | File formal tort claim with the specific public entity’s clerk or risk manager. |
| Response time | Insurer investigates and responds (no set timeline, but typically 30-90 days). | Entity has 45 days to accept/reject/take no action. Deemed rejected after 45 days if no response. |
| Punitive damages | Available if defendant’s conduct was malicious, oppressive, or fraudulent. | NOT available against public entities (Gov. Code § 818). Only compensatory damages. |
| Immunity defenses | Standard negligence defenses (comparative fault, etc.). | Broad immunities (emergency vehicle, discretionary act, hazardous condition immunities under Gov. Code §§ 815-820.2). |
| Lawsuit filing | Can file lawsuit directly without prior notice. | Cannot sue until tort claim is rejected or deemed rejected (Gov. Code § 945.4). |
The 6-month deadline runs from the date the “cause of action accrues”—typically the date of the accident (Gov. Code § 911.2(a)).
• Must file within 1 year of accident (absolute deadline).
• Must show you failed to file within 6 months due to mistake, inadvertence, surprise, or excusable neglect.
• Entity may deny; if denied, you can petition superior court for relief (§ 946.6).
• Courts rarely grant relief unless you were physically/mentally incapacitated or misled by the entity.
• “I didn’t know about the deadline” or “my attorney missed it” is generally NOT excusable neglect.
Your claim is permanently barred (Gov. Code § 945.6). You cannot sue the public entity, even if:
- Liability is 100% clear (bus ran red light, police report confirms fault).
- You have catastrophic injuries (paralysis, brain injury, wrongful death).
- The entity’s negligence was egregious.
- You were unaware of the 6-month rule.
Your only options:
- File a late claim petition within 1 year (Gov. Code § 911.4)—rarely granted.
- Sue individual government employees personally (if they acted outside scope of employment)—difficult and usually unsuccessful.
- Accept that you have no remedy.
You must file your claim with the specific entity responsible for the vehicle or employee. Filing with the wrong entity does NOT satisfy the claims requirement.
Most California public entities provide a standard “Claim for Damages and Injury” form (based on Gov. Code § 910). You can also draft your own claim if it contains all required information (substantial compliance).
Required information (Gov. Code § 910):
- Name and address of claimant.
- Mailing address for correspondence.
- Date, place, and circumstances of the accident.
- General description of the injury or property damage.
- Name(s) of government employee(s) involved (if known).
- Amount claimed (damages sought). If unknown, state “in excess of $10,000” or “to be determined.”
Each public entity has a designated office for receiving tort claims:
- Cities: City clerk or risk management department.
- Counties: County clerk or risk management office.
- State of California: California Victim Compensation Board (online or mail).
- Transit agencies: Agency’s claims administrator or general counsel.
- School districts: District superintendent or risk management.
While not required at the tort claim stage, attaching key documents strengthens your claim and may encourage early settlement:
- Police report or traffic collision report.
- Photos of accident scene and vehicle damage.
- Medical records and bills (if available at time of filing).
- Witness statements.
- Proof of lost wages (employer letter).
After you file your tort claim, the public entity has 45 days to respond (Gov. Code § 912.4). The entity can:
Yes. After your tort claim is filed and rejected, you can send a formal demand letter to the entity’s risk manager or attorney and negotiate settlement. Many government claims settle without lawsuit if:
- Liability is clear (entity’s employee clearly at fault per police report).
- Damages are well-documented (medical records, wage loss, etc.).
- Settlement amount is reasonable (within entity’s risk tolerance).
- Entity wants to avoid litigation costs and public exposure.
| Tort Claim (Gov. Code § 910) | Demand Letter (after rejection) |
|---|---|
| Filed within 6 months of accident (strict deadline). | Sent after tort claim is rejected (no specific deadline, but before 6-month lawsuit deadline). |
| Minimal detail required: date, location, general description of injury, amount claimed. | Comprehensive: full liability analysis, complete medical records, detailed damages, legal citations. |
| Purpose: Preserve right to sue (meet statutory requirement). | Purpose: Persuade entity to settle without litigation. |
| Standard form (1-2 pages). | Detailed letter (5-15 pages) with extensive attachments. |
- Emphasize clear liability: Government entities settle when liability is undeniable. Cite police report findings, Vehicle Code violations, witness statements showing employee was 100% at fault.
- Document damages thoroughly: Government attorneys scrutinize medical records and billing. Provide complete treatment history, Howell-adjusted bills (CA), and permanency opinions from treating doctors.
- Address immunity defenses preemptively: If entity claims emergency vehicle immunity (§ 17004), argue driver exceeded “due regard” (reckless driving, unnecessary speed, no lights/sirens).
- Cite cost of litigation: Remind entity that defending a lawsuit costs tens of thousands in attorney fees. Settlement now avoids public trial, adverse publicity, and jury verdict risk.
- Reference comparable settlements/verdicts: Cite similar cases involving government entities in your county to show your demand is reasonable and within expected jury verdict range.
I am a California-licensed attorney who personally handles tort claims against California cities, counties, the State, transit agencies, and other public entities. Government claims require strict compliance with the Government Claims Act—missing the 6-month deadline or filing with the wrong entity permanently bars your claim.
- 6-month tort claim deadline: Strictest deadline in California tort law. Missing it bars the claim forever, regardless of merit. Attorneys who practice outside California often miss this deadline.
- Entity identification: Filing with the wrong entity (e.g., city instead of transit agency) does not satisfy the claims requirement. Requires knowledge of California public agency structure.
- Government Claims Act compliance: Tort claims must contain specific information (Gov. Code § 910). Deficient claims can be rejected on procedural grounds.
- Immunity defenses: California provides broad immunities to public entities (emergency vehicle, discretionary act, design immunity). Overcoming these requires detailed knowledge of Gov. Code §§ 815-820.2 and case law.
- No punitive damages: Gov. Code § 818 bars punitive damages. Demands must be structured around compensatory damages only.
- Howell/Prop 213/Prop 51 application: California-specific damage rules apply (medical reductions, uninsured claimant bar, joint-and-several modifications).
If you missed the 6-month deadline, your claim is likely barred, but you have one option:
File a late claim petition (Gov. Code § 911.4) within 1 year of the accident. You must show you failed to file due to “mistake, inadvertence, surprise, or excusable neglect.”
Grounds that may work: You were physically/mentally incapacitated (coma, severe brain injury), entity affirmatively misled you, or you filed with the wrong entity in good faith.
Grounds that do NOT work: “I didn’t know about the deadline,” “I was waiting to finish medical treatment,” or “my attorney missed it.”
If the entity denies your late claim petition, you can petition superior court for relief (§ 946.6). Courts rarely grant relief, but it’s your only chance. Consult an attorney immediately if you missed the deadline.
Generally, no. California Gov. Code § 820.2 grants public employees immunity from personal liability for acts within the scope of their employment, unless they acted with malice.
When you CAN sue the employee personally:
- Employee was acting outside the scope of employment (e.g., using government vehicle for personal errand).
- Employee acted with malice (intentional harm, not mere negligence).
- Employee was intoxicated or driving recklessly for personal reasons unrelated to official duties.
Practical issue: Even if you can sue the employee personally, they likely have no assets or insurance coverage. The entity (which has deep pockets) is the real target, which requires the tort claim process.
Yes, but it’s limited immunity. California Vehicle Code § 21056 and Gov. Code § 17004 provide immunity to authorized emergency vehicles (police, fire, ambulance) when responding to emergencies, but only if they act with “due regard for safety.”
What immunity covers: Emergency vehicles can exceed speed limits, run red lights, and disregard traffic laws if they are using lights and sirens and responding to an emergency.
What immunity does NOT cover:
- Reckless driving that shows no “due regard” (e.g., excessive speed with no traffic, running red light without slowing or checking for cross-traffic).
- Officer was not responding to an emergency (e.g., patrol without emergency call).
- Lights and sirens were not activated.
- Officer caused accident intentionally or with gross negligence.
Your burden: You must prove the officer exceeded “due regard.” This typically requires expert testimony on police pursuit standards and investigation of whether emergency justified the driving conduct.
No. California does NOT cap compensatory damages (economic + non-economic) in personal injury claims against government entities. You can recover full damages for medical expenses, lost wages, and pain-and-suffering, subject to the usual rules (Howell, comparative negligence, etc.).
What IS capped:
- Punitive damages: Not available at all (Gov. Code § 818).
- Prejudgment interest: Limited or barred in some government claims (varies by statute).
Practical limits: Some entities have self-insured retention limits or excess insurance policies. If your damages exceed the entity’s coverage, you can obtain a judgment for the full amount, but collection may be limited by the entity’s assets and insurance.
Tort claim stage (first 6 months): File tort claim within 6 months of accident. Entity responds (accept/reject) within 45 days. Most entities automatically reject.
Post-rejection negotiation (6-12 months): After rejection, send comprehensive demand letter with full documentation. Government entities negotiate slowly—expect 6-12 months of back-and-forth.
Litigation (if no settlement): 1-3 years from filing lawsuit to trial. Government entities defend vigorously and use immunity defenses. Many cases settle during discovery or mediation.
Total timeline: Simple cases with clear liability may settle within 12-18 months of accident. Complex cases or immunity disputes may take 2-4 years to resolve through trial or appeal.
If the driver was an independent contractor (not a government employee), the public entity may not be liable under Gov. Code § 815.2 (vicarious liability applies only to employees, not contractors).
Your options:
- Sue the contractor directly: File a standard third-party liability claim against the contractor’s insurance (no government tort claim required).
- Sue the entity for negligent hiring/supervision: Argue the entity was negligent in selecting, training, or supervising the contractor (Gov. Code § 815.2(b)). This still requires a tort claim.
- Sue both: File tort claim against entity (protective filing) and also sue contractor directly.
Example: City hires private company to operate shuttle buses. Shuttle driver causes accident. You sue the private company (standard claim) and file tort claim against city for negligent contractor selection/supervision.