Hurt on a San Diego MTS or LA Metro Bus: Who Pays and How the 6-Month Claim Works

Last updated November 5, 2026

If you were hurt on a San Diego MTS bus or an LA Metro bus, who pays depends on what caused the injury. For local steps, see our San Diego MTS bus accident section. If the bus, its driver or the agency’s stop or equipment was at fault, the claim runs against a public agency, and California generally requires a written government claim within six months before you can sue. If another driver hit the bus, that driver and the driver’s insurance may be responsible, and the agency may or may not be involved. Either way, the six-month date is the one to protect first. This guide compares how the two agencies handle claims and walks through the two common situations: a passenger hurt on board, and a driver, cyclist or pedestrian hurt by the bus. It is general information and does not say who is at fault in any particular crash.

Who pays when you are hurt on a San Diego MTS or LA Metro bus?

Short answer: possibly the transit agency, possibly another driver, and sometimes a private company. It depends on how the injury happened.

• The transit agency. When a public employee’s negligence in operating a bus causes harm, California law can make the public entity responsible. Vehicle Code section 17001 addresses public entity liability for the negligent operation of a motor vehicle by an employee, and Government Code section 815.2 addresses a public entity’s responsibility for its employees’ acts within the scope of their jobs. Public entities have defenses and immunities too, so neither section means an automatic payment.
• A private operator. MTS says it provides bus and rail services “directly or by contract with private operators” (MTS, About MTS). Metro board records also show it contracts with private companies to run some bus lines (Metro board file 2024-0036). Who employed the driver can affect who is responsible and who receives the claim.
• Another driver. Under the general negligence rule in Civil Code section 1714, a driver who fails to use ordinary care and hurts someone can be responsible, and that driver’s liability insurance may be the main source of payment.
• Your own coverage. Medical payments coverage, health insurance and uninsured or underinsured motorist coverage may help in some cases, depending on your policies. Our UM and UIM claims page explains that coverage.

California also uses comparative fault. If more than one person shares responsibility, including the injured person, a jury or an insurer may divide fault by percentage rather than deciding the claim is all or nothing.

What is different when the bus belongs to a public agency?

A claim against a private driver and a claim against a city or transit agency run on different calendars. Government Code section 911.2 requires a claim for death or injury to a person to be presented to the public entity no later than six months after the cause of action accrues. Section 945.4 says you generally cannot sue the entity until you have presented that written claim and it has been acted on or rejected. Most other claims against a private party fall under the two-year personal injury deadline in Code of Civil Procedure section 335.1. When both could apply, use the shorter date until a lawyer tells you which one controls. Our government claims page explains the basics. Our guide on why filing suit too early can still hurt a government claim case explains one common timing mistake.

How does the claim work at San Diego MTS?

Short answer: you submit a written claim on MTS’s form to its Claims Administrator, and MTS’s own policy follows the state timelines.

MTS Policy No. 51, approved October 30, 2014, applies the Government Claims Act to MTS and its subsidiaries, San Diego Transit Corporation and San Diego Trolley, Inc. Here is what the policy says:

• A written claim must be presented before suit (section 51.2).
• A claim for death or injury to a person or personal property must be presented no later than six months after the cause of action accrues, and other claims within one year (section 51.3).
• Late claims are governed by Government Code sections 911.4 to 912.2 (section 51.4). See our guide on how late claim applications work.
• Claims are presented to the MTS Claims Administrator on a form provided by the MTS Office of General Counsel (section 51.5).
• MTS’s General Counsel acts on the claim within the time set by Government Code section 912.4, and any lawsuit must be brought within the time set by section 945.6 (sections 51.6 and 51.7).

The policy letterhead lists MTS at 1255 Imperial Avenue, Suite 1000, San Diego, CA 92101. Ask MTS for its current claim form and confirm the delivery method before you send anything. Our guides on how to file a claim against MTS or the San Diego Trolley and our MTS and San Diego Trolley accident page go deeper on the MTS process.

How does the claim work at LA Metro?

Short answer: you complete Metro’s Claims for Damages form, which Metro says it accepts only in person or by mail.

According to Metro’s Legal Services page, Legal Services accepts, processes and logs claims for damages, and the Claims for Damages form is available in English and in Spanish. Metro states that completed forms are accepted only in person or by mail through the United States Postal Service, FedEx or UPS, and that it asks claimants to allow two to three weeks for review and a response on next steps. The same page lists the Metro Legal Services office at One Gateway Plaza in Los Angeles. Because the page says forms are not accepted by other means, do not rely on an email or a phone call to present a claim, and keep proof of delivery.

The six-month state deadline applies to Metro as a public entity, and that clock does not wait for Metro’s review time. Our guide on how to file a claim after an LA Metro bus accident explains who receives the claim when the bus is run by a contractor, and our LA Metro accident page gives an overview.

What if you were a passenger hurt on the bus?

Passengers are hurt in several ways: a hard stop or turn throws someone off balance, a fall happens while boarding or leaving, a door closes on a person, a wheelchair securement fails, or an object or another rider causes harm. In those cases, the transit agency or its operator is often the main focus, and a written government claim is usually the first step. Civil Code section 2100 says a carrier of persons for reward must use the utmost care and diligence for their safe carriage. Whether and how that standard applies to a given public agency is a question to ask a lawyer. If a stop, shelter, platform or sidewalk was in a dangerous condition, a different public entity, such as a city, may be involved, and its claim has the same six-month clock.

What if another driver hit the bus?

Short answer: the other driver may be responsible, and passengers have commonly been able to pursue claims against a negligent driver even though they did not drive the bus.

Our guide on what California passengers can pursue after another driver hits a Metro bus explains this scenario at length. In short, the other driver’s insurance may be a main source of payment, the bus driver and agency may be looked at too if the facts point there, and your own coverage may fill gaps. If you are the driver of the other vehicle, a cyclist or a pedestrian hurt by a bus, the same two-part view applies: look at the bus driver’s conduct and the agency’s responsibility, and also at anyone else who contributed. Do not assume the agency is out of the picture because another vehicle was involved, and do not assume the other driver is out of the picture because a bus was involved.

What should you save after a bus injury?

1. Bus identifiers. Photograph the bus number, the route or line, the stop, the time and the operator’s name if it is visible. Save your fare card, app or ticket record.
2. Medical records. Get care and tell the provider how you were hurt. Keep every bill and appointment record.
3. Scene photographs and video. Include the stop, the vehicle positions, the bus interior, the floor and the lighting, before conditions change.
4. Witnesses. Save names and contact information of other riders and bystanders, and the police report number if officers responded.
5. Onboard video. Many buses have cameras. Footage may be overwritten on a schedule, so ask in writing, or ask a lawyer to ask, that the agency and any contractor preserve it.
6. Insurance information. If another driver was involved, get the license, plate and insurer details.
7. The calendar. Write down the six-month date and the two-year date. Use the earlier one.

Be careful with statements. An adjuster for an agency or an insurer may call soon after the incident. You are not required to give a recorded statement, and you should not sign a release without understanding what you give up. For general help with bus cases, see our bus accident page.

Frequently asked questions

How long do I have to file a claim after a bus injury in California?

Generally six months from the injury to present a written claim to a public transit agency, under Government Code section 911.2. A lawsuit against a private party is generally due within two years.

Where do I send a claim to San Diego MTS?

MTS Policy No. 51 says claims go to the MTS Claims Administrator on a form from the MTS Office of General Counsel. Confirm the current form and delivery method with MTS before you send it.

Can I email my claim to LA Metro?

Metro’s Legal Services page says completed Claims for Damages forms are accepted only in person or by mail. Do not rely on email to present a claim.

What if the bus driver worked for a private contractor?

Both MTS and Metro use contractors for some routes. Who employed the driver can affect who is responsible and who receives the claim, so ask a lawyer promptly. A claim to the agency is often sent as a safeguard while that is sorted out.

Can a passenger recover if another driver hit the bus?

A passenger may have a claim against a negligent driver, and sometimes also against the agency, depending on the facts. Being a passenger does not by itself bar a claim.

What if I already missed the six months?

California allows a written application for leave to present a late claim, within a reasonable time not to exceed one year after the injury. It is not automatic, so talk with a lawyer quickly.

Talk to us

If you were hurt on a bus or in a crash with a bus, we are here to listen and to explain your options. If another car hit the bus you were riding, see who pays a bus passenger when a car hits the bus. For Orange County or Inland Empire buses, see our OCTA accident page and our Omnitrans and RTA bus claims page. 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: San Diego MTS Policy No. 51, MTS, About MTS, LA Metro Legal Services, Metro board file 2024-0036, Government Code section 911.2, 945.4, 815.2, Vehicle Code section 17001, Civil Code section 2100, Code of Civil Procedure section 335.1.