California Government Vehicle Accident Demands

Tort claims against cities, counties, and state agencies

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 Government Claims Act: What it is and why it matters

Critical deadline: You have 6 months from the date of the accident to file a formal tort claim with the government entity. Failing to file within 6 months permanently bars your right to sue for damages, regardless of liability or injury severity (Gov. Code § 911.2).

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).

Which entities are subject to the Government Claims Act?

🏛️

State of California

All state agencies, departments (CHP, Caltrans, DMV, etc.), and employees acting in official capacity. File claim with California Victim Compensation Board.

🏙️

Cities and towns

Incorporated cities, municipalities, and their employees (police, fire, public works). File claim with city clerk or risk manager.

🏞️

Counties

All California counties and their employees (sheriff, county hospitals, road maintenance). File claim with county clerk or risk manager.

🚌

Transit agencies

Public transit systems (MTA, AC Transit, BART, etc.). File claim with the specific transit agency's claims administrator.

🏫

School districts

Public school districts, community colleges, UC/CSU systems. File claim with the district or university risk management office.

🚓

Special districts

Water districts, sanitation districts, fire protection districts, and other special-purpose public agencies. File claim with the district's governing board.

Common government vehicle accidents

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).

Emergency vehicle immunity: California Vehicle Code § 21056 and Gov. Code § 17004 provide limited immunity to police, fire, and emergency vehicles responding to emergencies. They are exempt from traffic laws (speed limits, red lights, etc.) if using lights/sirens. However, they must still drive with "due regard for safety"—reckless driving negates immunity.

Key differences: Government claims vs. standard car accident claims

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 tort claim deadline: California's strictest deadline

6 Months

Deadline to file tort claim with California government entities (Gov. Code § 911.2)

This deadline is absolute. If you miss the 6-month deadline, your claim is barred forever—even if you have clear liability, severe injuries, and millions in damages. California courts have no discretion to extend the deadline except in narrow circumstances (late claim petition).

When the 6-month clock starts

The 6-month deadline runs from the date the "cause of action accrues"—typically the date of the accident (Gov. Code § 911.2(a)).

Example: Car accident with city bus on March 1, 2024 → Tort claim must be filed by September 1, 2024 (6 months later). If you file on September 2, your claim is barred.

Exceptions to the 6-month rule (very limited)

Minor plaintiffs (under 18)

If the injured party is under 18, a parent or guardian must file the tort claim on their behalf within 6 months. There is no extension of the 6-month deadline for minors.

Deceased victims

If the victim died from accident injuries, the estate or heirs have 6 months from death (or 6 months from accident, whichever is later) to file a wrongful death claim (Gov. Code § 911.2).

Late claim petition (if deadline missed)

If you miss the 6-month deadline, you can file an "application for leave to present a late claim" within 1 year of the accident (Gov. Code § 911.4). The entity may grant relief if you show "excusable neglect" (e.g., you were incapacitated). Rarely granted.

Late claim petition requirements (Gov. Code § 911.4):
• 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.

How to calculate the 6-month deadline

Start date: date of accident

For car accidents, the 6-month clock starts on the date the collision occurred.

End date: same day 6 months later

Example: Accident on March 15 → deadline is September 15. If September 15 falls on a weekend or court holiday, the deadline is the next business day.

Filing method matters

Claim is "filed" when received by the entity or postmarked (if mailed). For safety, file in person or via certified mail with return receipt at least 1-2 weeks before deadline.

Best practice: File the tort claim as soon as possible after the accident—ideally within 30-60 days. Do not wait until month 5. If the entity rejects quickly, you have more time to negotiate or prepare a lawsuit.

What happens if you miss the 6-month deadline?

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.

Real-world consequence: Every year, California courts dismiss hundreds of meritorious claims with severe injuries because plaintiffs missed the 6-month deadline. No exceptions, no sympathy. File early.

How to file a Government tort claim in California

Step 1: Identify the correct public entity

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.

🚌

City bus

File with the city's transit agency or city clerk. Example: LA Metro bus → file with Los Angeles County Metropolitan Transportation Authority.

🚓

Police vehicle

File with the city (if city police) or county (if sheriff). Example: LAPD patrol car → file with City of Los Angeles risk management.

🚛

Caltrans vehicle

File with the State of California. Submit to California Victim Compensation Board or Caltrans Office of Risk Management.

🏫

School bus

File with the school district that operates the bus. Example: LAUSD school bus → file with Los Angeles Unified School District risk management.

🏥

County ambulance

File with the county. Example: San Diego County ambulance → file with County of San Diego risk management or clerk.

❓

Unsure which entity?

File claims with ALL potentially responsible entities. Courts allow filing with multiple entities to protect your rights if you're unsure (Gov. Code § 910).

How to identify the entity: Check the police report (often lists the agency), look at vehicle markings, or call the local city/county clerk and ask which entity operates the vehicle involved in your accident.

Step 2: Obtain and complete the tort claim form

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."

Amount claimed: You do not need to specify exact damages at the tort claim stage. Most claimants state "$1,000,000" or "in excess of $25,000" to preserve maximum recovery. You are NOT locked into the amount stated in the tort claim—you can demand more later (but not less than stated).

Step 3: File the claim with the correct office

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.

File in person (recommended)

Hand-deliver claim to the entity's office. Get a stamped copy or receipt showing date filed. This is the safest method to ensure timely filing.

File by certified mail (acceptable)

Mail via USPS certified mail with return receipt. The postmark date is the filing date. Keep the receipt and tracking number.

File electronically (if available)

Some entities (e.g., State of California) allow online filing. Save confirmation email and screenshot showing submission date.

Do NOT file by regular mail without tracking. If the entity claims they never received it and you have no proof of mailing, your claim is barred. Always use certified mail with return receipt or file in person.

Step 4: Attach supporting documentation (optional but recommended)

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).

Timing note: You do not need to wait until treatment is complete to file the tort claim. File the claim within 6 months (even if still treating), then provide updated medical records and damages later when negotiating settlement or filing lawsuit.

What happens after you file a government tort claim?

Entity's 45-day response period

After you file your tort claim, the public entity has 45 days to respond (Gov. Code § 912.4). The entity can:

✅

Accept the claim

Very rare. Entity agrees to pay your claim. They will negotiate settlement amount or pay the amount stated in your tort claim.

❌

Reject the claim

Most common. Entity sends written notice of rejection (no reason required). You now have 6 months from rejection date to file a lawsuit.

🔇

Take no action (deemed rejection)

If entity does not respond within 45 days, your claim is deemed rejected by operation of law. You can file lawsuit 46 days after filing tort claim.

Most entities reject all tort claims automatically. Rejection does NOT mean your claim lacks merit—it simply preserves the entity's right to defend in court. After rejection, you can still negotiate settlement or proceed to lawsuit.

Timeline after tort claim filing

45 Days

Entity must accept, reject, or remain silent (Gov. Code § 912.4)

Days 1-45: Entity investigates and decides

Entity's risk manager or attorney reviews your claim, may request additional information, and decides whether to accept or reject.

Day 45 or earlier: Written acceptance or rejection

If entity rejects, you receive written notice (usually brief form letter citing Gov. Code § 912.4). Rejection triggers 6-month lawsuit deadline.

After day 45 (if no response): Deemed rejection

If entity does not respond, claim is deemed rejected. You can file lawsuit immediately (Gov. Code § 945.6(a)(2)).

Within 6 months of rejection: File lawsuit or negotiate

You have 6 months from written rejection (or deemed rejection) to file a lawsuit in superior court. Or negotiate settlement before filing.

Second deadline: After your tort claim is rejected, you have 6 months to file a lawsuit (Gov. Code § 945.6(a)(1)). If you miss this deadline, your claim is barred even though you timely filed the tort claim.

Can you negotiate settlement before lawsuit?

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.

Settlement timing: Some entities will not negotiate until the tort claim is formally rejected (they want to preserve litigation defenses). After rejection, send a comprehensive demand letter with full documentation. Settlement negotiations can take 3-12 months.

Writing demand letters to California government entities

Two-stage process: (1) File bare-bones tort claim within 6 months to preserve rights. (2) After rejection, send comprehensive demand letter with full documentation to negotiate settlement.

Tort claim vs. demand letter: What's the difference?

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.

Post-rejection demand letter structure

Header & reference to tort claim

Cite your tort claim number, date filed, date rejected. Confirm compliance with Government Claims Act.

Liability section

Detail how entity's employee was negligent, cite Vehicle Code violations, attach police report, witness statements. Address any immunity defenses (e.g., emergency vehicle immunity under § 17004—argue conduct exceeded "due regard").

Damages: Economic

Medical expenses (Howell-adjusted if CA), lost wages, property damage, future medical needs. Attach all records, billing, employer letters.

Damages: Non-economic

Pain-and-suffering, emotional distress, loss of enjoyment. Describe impact on daily life, permanency, ongoing symptoms.

Legal citations (California-specific)

Cite Gov. Code §§ 815.2, 820 (vicarious liability for employee negligence), Civ. Code § 1714 (negligence), Vehicle Code violations, applicable case law.

Demand amount & deadline

State settlement demand (often policy limits or specific amount based on damages). Give 30-60 day deadline. Note that lawsuit will be filed if no reasonable settlement.

No punitive damages: California Gov. Code § 818 bars punitive damages against public entities. Do NOT demand punitive damages—they are unavailable regardless of the entity's conduct. Only compensatory damages (economic + non-economic) are recoverable.

Government-specific demand letter strategies

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.

How I handle California government tort claims and demand letters

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.

Services for government entity claimants

📅

Deadline compliance

I calculate and calendar all deadlines (6-month tort claim, 6-month lawsuit after rejection), ensure timely filing, and handle late claim petitions if deadline was missed.

🏛️

Entity identification

I identify the correct public entity (city, county, state, transit agency, school district) and file tort claims with all potentially responsible entities to preserve rights.

📋

Tort claim preparation & filing

I draft and file comprehensive tort claims (Gov. Code § 910 compliance), obtain proof of filing (certified mail or in-person receipt), and monitor entity's response.

✍️

Post-rejection demand letters

After tort claim rejection, I prepare detailed demand letters with full liability analysis, medical documentation, and legal citations to negotiate settlement.

🛡️

Immunity defense analysis

I evaluate and rebut government immunity defenses (emergency vehicle, discretionary act, design immunity under Gov. Code §§ 815-820.2) to maximize recovery.

⚖️

Litigation & trial

If settlement fails, I file lawsuits against public entities in superior court, conduct discovery, and take cases to trial or arbitration.

Why government claims require California-specific expertise

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).

Injured by a California government vehicle?

I handle tort claims against cities, counties, the State, and transit agencies. Don't miss the 6-month deadline.

Email: owner@terms.law

Frequently asked questions: California government vehicle accidents

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.