MTS Rejected Your Claim: How Long You Have to Sue, Defective Notices and Andrews v. MTS

Last updated November 2, 2026

A rejection letter from the San Diego Metropolitan Transit System, known as MTS, starts a new clock, and the length of that clock can depend on the wording of the letter itself. This guide explains the suit deadline after a rejection and what a published San Diego appeals decision says about a defective notice. It does not cover how to present the claim in the first place. For that, see our post on how to file a claim against MTS or the San Diego Trolley.

How long do you have to sue after MTS rejects your claim?

Short answer: If MTS gives a proper written rejection, a lawsuit generally must be filed within six months after the notice was delivered or mailed. If the notice does not comply with Government Code section 913, the deadline can be two years from accrual. Treat the six months as your deadline and call a lawyer right away.

That rule comes from Government Code section 945.6. Two things are easy to miss. The six months run from the date on which the notice was delivered or mailed, not from the date you read it. And the longer two-year period is a legal argument that depends on a defect in the notice, not a safe assumption.

What does Government Code section 913 require a rejection notice to say?

It requires written notice, delivered the right way, with a specific warning. Section 913 has two parts that matter here.

• Delivery. Subdivision (a) says written notice of the action taken, or of the inaction that is deemed a rejection, must be given in the manner prescribed by section 915.4. That section covers personal delivery or mailing to the address stated in the claim for notices or, if none is stated, to the claimant’s own address.
• The warning. Subdivision (b) says that if the claim is rejected, in whole or in part, the notice “shall include a warning in substantially the following form.” The warning has two paragraphs.

The first paragraph reads: “Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6.”

The second paragraph reads: “You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately.”

“Substantially” in plain English: The statute does not require word-for-word copying, but a court asks whether the notice achieves each purpose of the statute. A notice that leaves out an entire required part is a different thing from a notice with a small wording difference.

What does section 945.6 say about the suit deadline?

It gives two different deadlines, and the notice decides which one applies. Under section 945.6, a suit on a claim that had to be presented must be commenced:

1. Six months, if the notice complies. Under subdivision (a)(1), if written notice is given in accordance with section 913, the suit must be filed not later than six months after the date the notice is personally delivered or deposited in the mail.
2. Two years, if it does not. Under subdivision (a)(2), if written notice is not given in accordance with section 913, the suit must be filed within two years from the accrual of the cause of action.

The six months to sue is a different clock from the six months to present the claim. The first starts at the injury. The second starts at the rejection notice.

What did Andrews v. Metropolitan Transit System decide?

It held that an MTS rejection notice that left out the attorney advice half of the required warning did not start the six-month suit clock, so the plaintiff had two years. The case is Andrews v. Metropolitan Transit System (2022) 74 Cal.App.5th 597, decided by the Fourth District Court of Appeal, Division One, on January 31, 2022 (case number D077550) and certified for publication. Here is what the opinion says.

• The background. A bus passenger sued MTS after an injury on an MTS bus. MTS rejected her claim and mailed the notice to her attorney, who said the notice never arrived. She sued almost eight months after the date of mailing.
• The notice. The notice warned of the six-month limit for filing a court action, in wording that differed from the statute. It did not include the second paragraph, the sentence advising the claimant that she may seek an attorney and should do so immediately.
• The trial court. It granted MTS summary judgment because the suit was filed more than six months after mailing.
• The Court of Appeal. It reversed. It reasoned that section 913 makes the warning mandatory, and that the attorney advisement is substantive, not a technicality. It also rejected the argument that the omission did not matter because the plaintiff already had a lawyer, and it said the advisement still has meaning in that situation.
• The result. The notice did not comply with section 913(b), so the six-month period in section 945.6(a)(1) did not apply. Section 945.6(a)(2) gave the plaintiff two years from accrual.

What the case does not say: It does not say you can ignore a rejection letter, and it does not say every flaw in a notice extends the deadline. It dealt with a notice that omitted a required part of the warning. Each notice has to be read on its own text. A lawyer should review yours.

What other notice problems can matter?

The address and the manner of delivery can matter too. The Andrews opinion discusses Cavey v. Tualla (2021) 69 Cal.App.5th 310, a published decision about a rejection notice that was sent to the wrong address. According to the Andrews opinion, Cavey held that where the claim stated no address for notices, the agency had to send the rejection to the claimant’s address, and a notice sent to the claimant’s attorney was ineffective, so the two-year period applied.

Delivery questions can come up in other ways:

• No written notice at all. Section 912.4 treats silence for 45 days as a rejection. But section 913(a) also calls for written notice of that inaction. Do not rely on a gap in paperwork to extend your time.
• A different address. The claim should say where you want notices sent. Make sure that address was correct and that mail there is being checked.
• A letter that arrives late. The six months run from delivery or mailing of the notice, so a late-arriving envelope does not give you the full period.

How do you check whether your rejection notice is defective?

Compare it to the statute, but protect your deadline either way. This is a checklist a lawyer would use:

1. Find the date. Look for the date on the notice and the postmark on the envelope, and keep both.
2. Look for the warning. Does the notice include both paragraphs of the section 913(b) warning, the six-month paragraph and the attorney advice paragraph?
3. Check the address. Was it sent to the address you gave for notices in the claim, or to your own address if you gave none?
4. Look at who sent it. For MTS, General Counsel or a designee acts on claims under MTS Policy No. 51.
5. Check whether it is a late claim denial. A denial of an application for leave to present a late claim is different from a rejection of a claim. A court petition after that denial has its own six-month period under Government Code section 946.6. Our filing post covers late claims.

MTS Policy No. 51, section 51.8, says General Counsel may reexamine a previously rejected claim. Nothing in that section says a request for reexamination extends the time to sue, so it should not take the place of filing on time.

What should you do when a rejection notice arrives?

Calendar six months from the notice date, and speak with a lawyer at once. Here is a simple order.

1. Do not throw anything away. Keep the notice, the envelope and any emails.
2. Count six months from the date of mailing or delivery. Use the earliest date you can see.
3. Do not assume you have two years. The longer period is an argument that depends on the notice.
4. Call a lawyer right away. The warning itself says to consult an attorney immediately.
5. Gather your evidence. Keep medical records, photos, reports and witness names.
6. Check the other parties. A private driver or another agency may have different deadlines.

For other claim problems, see our post on why filing suit too early can still sink a case, our government claims guide, our MTS and San Diego Trolley accident page and our train accidents page. For a crash with more than one responsible party, see who pays when the train, a driver and the city share fault.

Frequently asked questions

How long do you have to sue after MTS rejects your claim?

If MTS gives written notice that complies with Government Code section 913, you generally must file suit within six months after the notice is delivered or mailed. Treat that as your deadline.

What if the MTS rejection letter left out the attorney warning?

Under Andrews v. Metropolitan Transit System (2022), a notice that omitted the attorney advice paragraph did not start the six-month clock, and the two-year period applied. Each notice must be reviewed on its own text.

Does the six-month suit deadline start when you read the letter?

No. Government Code section 945.6 runs the six months from the date the notice was personally delivered or deposited in the mail. A late-arriving letter does not extend it.

Is a claim that MTS never answered rejected?

Yes, generally. Under section 912.4 a claim is deemed rejected if the agency does not act within 45 days. Section 913 still calls for written notice, so the timing is a question for a lawyer.

Does asking MTS to reconsider extend the time to sue?

MTS Policy No. 51 says General Counsel may reexamine a rejected claim within the time to sue. Nothing in the policy says it extends that time, so do not rely on it.

Can you ignore a rejection notice and wait two years?

No. The two-year period depends on a defect in the notice, and a court decides whether there is one. Calendar the six months from the notice date and call a lawyer.

Talk to us

If MTS rejected your claim, we are here to listen and to explain your options. Win Attorneys is a California firm that represents injured people throughout the state. Talk to us at (562) 296-5380. We speak Spanish and Vietnamese.

Hablamos español. Chúng tôi nói tiếng Việt.

Win Attorneys, 17291 Irvine Blvd., Suite 210, Tustin, CA 92780. Phone (562) 296-5380.

This article is general information and is not legal advice. Reading it does not create an attorney-client relationship.

Sources: Government Code section 913, section 945.6, section 915.4, section 912.4, section 946.6, Andrews v. Metropolitan Transit System (Justia), MTS Policy No. 51.