Missed the 6-Month Government Claim Deadline in California? How Late Claim Applications Work

Last updated November 4, 2026

Yes, you may still have a path. California lets a person who missed the six-month government claim deadline apply to the public agency for permission to present a late claim. For road defects, see pothole claims against a city, county or Caltrans. The application must be made within a reasonable time and in no event more than one year after the injury (Government Code section 911.4). The agency then has 45 days to grant or deny it, and the law says it must grant it in certain situations, such as when the injured person was a minor or was incapacitated during the six months (section 911.6). If it is denied, a petition to the court is the next step, and that petition has its own six-month deadline (section 946.6). These dates are short and strict, so this guide is a reason to act quickly, not a reason to wait. It is general information and does not say whether any particular late claim will be accepted.

What is the six-month government claim deadline?

Short answer: it is the deadline to present a written claim to a city, county, school district, transit agency or other public entity before you can sue it for an injury.

Under Government Code section 911.2, a claim for death or for injury to a person or to personal property must be presented no later than six months after the cause of action accrues. Most other claims for money or damages have one year. Section 945.4 says that, in general, no suit for money or damages may be brought against a public entity until a written claim has been presented and acted on or rejected. Our government claims page explains the process from the start, and our guide on the six-month claim deadline for transit injuries applies the same rule to buses and trains.

The date a cause of action accrues is generally the date it would accrue for purposes of the ordinary statute of limitations (section 901). For a crash or a fall, that is usually the day of the injury, but not always, so ask a lawyer to confirm the date in your case.

Can you still file after the six months have passed?

Short answer: possibly, but not by simply sending in the claim late. The law sets up a separate step first: a written application for leave to present a late claim.

Section 911.4 says that when a claim that had to be presented within six months was not presented in that time, a written application may be made to the public entity for leave to present it. Three details matter:

• The one-year outer limit. The application must be presented within a reasonable time not to exceed one year after the cause of action accrued. A shorter delay generally looks better than a longer one, and the statute does not promise that anything filed inside the year will be accepted.
• A reason for the delay. The application must state why the claim was not presented on time.
• The proposed claim attached. The claim you wish to present must be attached to the application, so the agency can see what you are asking it to accept.

The application must be delivered the way claims are delivered under section 915, which allows delivery to the entity’s clerk, secretary or auditor, or mailing to one of them or to the governing body at its principal office, and treats a claim as presented if it is actually received within the time. Some agencies publish their own rules that point back to these sections. For example, San Diego MTS Policy No. 51 says late claims are governed by Government Code sections 911.4 to 912.2. Use hand delivery or tracked mail and keep proof of the date.

What if a claim was already sent late without an application?

Some people send a claim at month seven and hear nothing. Section 911.3 addresses this. If a claim that was due within six months is presented late without an application, the agency may, within 45 days after the claim is presented, send written notice that the claim was not filed on time and is being returned without action. The statute’s suggested wording tells the person that the only recourse is to apply without delay for leave to present a late claim. It also says that any defense as to the time limit is waived if the agency fails to give that notice within 45 days, except when the claim does not state an address for the claimant or for sending notices. Whether that waiver applies to a particular claim is a question to put to a lawyer quickly, along with any notice the agency actually sent.

How long does the agency have to decide a late claim application?

Short answer: 45 days, unless you and the agency agree in writing to extend that period.

Section 911.6 requires the board to grant or deny the application within 45 days after it is presented. If the agency does not act, the application is deemed denied on the 45th day, or on the last day of any extended period you agreed to in writing. When the agency does act, section 911.8 requires written notice, and a denial notice must include a warning in substantially this form: to file a court action you must first petition the court for an order relieving you from the claims presentation requirement, and the petition must be filed within six months from the date the application was denied.

When must the agency grant a late claim application?

Section 911.6(b) lists situations in which the agency “shall grant” the application. In plain terms, they are:

• Mistake, inadvertence, surprise or excusable neglect, as long as the agency was not prejudiced in defending the claim by the late presentation. The statute does not define excusable neglect, and the outcome depends on the facts and on the agency’s ability to investigate, so do not assume it will be met.
• The injured person was a minor during all of the six months.
• The injured person was a minor during part of the six months, and the application is presented within six months of turning 18 or within a year after the claim accrues, whichever occurs first.
• The injured person was physically or mentally incapacitated during all of the six months and, because of that disability, did not present a claim.
• The injured person was incapacitated for part of the six months, and the application is presented within six months of the incapacity ending or within a year after the claim accrues, whichever occurs first.
• The injured person died before the six months ran.

The minor and incapacity provisions were revised in 2021 (Statutes of 2021, Chapter 218, SB 501), so older summaries may be out of date. Section 911.4 also says how the one-year period is counted in some special situations, including mental incapacity without a guardian and certain juvenile court dependents. If a child was hurt, our guide on wrongful death claims after a child dies in a crash covers who may bring a claim for the family.

What happens if the late claim application is denied?

Short answer: you may petition the superior court, and you must do it within six months.

Section 946.6 provides that if an application is denied, or deemed denied, a petition may be made to the court for an order relieving the petitioner from the claim presentation requirement of section 945.4. A few points from the statute:

1. Where. The petition goes to a superior court that would be a proper court for trial of the underlying case.
2. What it shows. It must show that the application was made and was denied or deemed denied, the reason the claim was not presented in time, and the information required by Government Code section 910 for a claim.
3. When. It must be filed within six months after the application was denied or deemed denied.
4. Service. A copy and a notice of the hearing must be served before the hearing on the entity’s clerk, secretary or board, or on the Attorney General if the respondent is the state, with special rules for Caltrans and judicial branch entities.
5. The court decides for itself. The court makes an independent determination on the petition, the supporting and opposing affidavits and any evidence at the hearing.
6. The grounds. The court must grant relief if the application was made within a reasonable time not beyond the one-year limit, was denied, and one of the same grounds as in section 911.6(b) applies.
7. The next deadline. If the court grants relief, the lawsuit must be filed in that court within 30 days after the order.

That is a lot of clocks in a row. The six-month claim date, the 45-day decision, the six-month petition date and the 30-day filing date can follow one another, which is why people often talk with a lawyer before the first one is missed.

How does this relate to the deadline to sue?

A late claim application is not a lawsuit. If a claim is presented on time and the agency rejects it, the deadline to sue is generally governed by section 945.6. Suit must generally be started within six months after a proper written notice of rejection is delivered or mailed, or within two years after the cause of action accrued if proper written notice was not given. Our guide on why filing suit too early can still hurt a government claim case explains the other side of the timing problem. Beginning January 1, 2027, claims against public entities must also include a signed declaration that the contents are true on information and belief, which does not change the six-month deadline (see our guide to the AB 2529 declaration).

What can you do right now?

1. Write down the injury date and today’s date. Count the six months and the one year, and treat the earlier date as your working deadline.
2. Identify the agency. City, county, school district, transit district or state office. Each may have its own claim form and delivery address, so look for its published claim procedure.
3. Collect the proposed claim. Section 910 describes what a claim must include, such as the claimant’s name and address, the date, place and circumstances, a description of the injury and the amount claimed if it is under a set limit. Having it ready lets you attach it to the application.
4. Write the reason for the delay plainly. If a medical condition, a minor’s age, a death or a genuine mistake played a role, say so, with dates and records.
5. Keep proof of delivery. Save the receipt, the tracking number or the stamped copy.
6. Calendar the response. Mark day 45 after delivery and the six-month petition date that follows a denial.
7. Do not rely on a phone call. A kind word from an agency employee is not a written grant of leave.

Frequently asked questions

Can I still sue a city or county if I missed the six-month claim deadline?

Possibly. You generally must first apply to the agency for leave to present a late claim within one year of the injury, and if that is denied, petition the court within six months. The law does not guarantee a result.

What is the outer limit for a late claim application?

Section 911.4 says the application must be presented within a reasonable time not to exceed one year after the cause of action accrued, with limited rules about how that year is counted in some situations.

How long does the agency have to answer a late claim application?

45 days after the application is presented, unless you and the agency agree in writing to extend it. If it does not act, the application is deemed denied on the 45th day or the last day of the agreed period.

Does being a minor or being incapacitated help?

It can. Section 911.6 says the agency must grant an application in certain minor and incapacity situations, some of which depend on when the application is presented. Ask a lawyer how the rules apply to the injured person’s dates.

What if the agency denies my late claim application?

A petition to the superior court under section 946.6 must be filed within six months after the denial or deemed denial. If the court grants relief, suit must be filed within 30 days after the order.

Does sending a claim late without an application count?

Not by itself. The agency may return it within 45 days and tell you to apply for leave to present a late claim, and a failure to send that notice in time can waive the timeliness defense. Have a lawyer look at what you sent and what the agency did.

Talk to us

If you were hurt because of a city, county, school district or transit agency and the six months have already passed, 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 911.4, 911.6, 911.8, 911.3, 946.6, 945.6, 911.2, 901, 915, San Diego MTS Policy No. 51.