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If you were a passenger on a California transit bus when another car hit it, the driver of that car is usually the first party responsible, and their auto insurance is often the first source of payment. The transit agency may also share fault if the bus driver could have avoided the crash or if passengers were hurt by how the bus was operated. Because public transit agencies are public entities, a written government claim is generally due within six months. Passengers are almost never at fault, and your own auto policy may help if the other driver had little or no insurance.
What was reported?
Local Accident Reports described a late-night crash on October 30, 2026 on northbound State Route 163 near Genesee Avenue in Kearny Mesa, in which a car reportedly rolled over and struck the rear of a San Diego Metropolitan Transit System bus that was carrying passengers. The cause was under investigation. We are not naming anyone or assigning fault. We use it only to explain how claims work when another vehicle hits a bus.
Who can be responsible when a car hits a bus?
- The other driver. A driver who causes the crash is responsible for the injuries, and their liability insurance is usually primary.
- The vehicle owner. An owner who let someone else drive can be liable up to limits set by Vehicle Code section 17151.
- The transit agency. A bus operator is a common carrier and must use the utmost care and diligence for passengers’ safety under Civil Code section 2100. If the bus driver made the crash worse or more likely, or if a sudden stop threw passengers, the agency may share fault. Public entities are liable for employees’ conduct under Government Code section 815.2.
- A public road owner. A dangerous road condition can bring in a city or Caltrans under Government Code section 835.
Do I claim against the bus agency or the other driver?
Often both, at least at first. The other driver’s insurer may accept fault, but its limits may be small compared with injuries to several passengers, because one per-accident limit can be shared by everyone hurt. Filing a timely government claim against the transit agency protects your rights if the investigation later shows the bus driver shared fault. If you miss the six-month window, you may lose the claim against the agency even when the other driver’s coverage runs out.
What if both drivers share fault?
California divides fault by percentage. For economic losses such as medical bills, each at-fault defendant can be responsible for the full amount. For non-economic losses such as pain and suffering, Civil Code section 1431.2, from Proposition 51, limits each defendant to its own percentage. That is one reason to identify every responsible party early.
Can my own car insurance help?
Possibly. Uninsured and underinsured motorist coverage on your own auto policy, or a household member’s, may apply even though you were riding a bus, depending on the policy language. Our UM and UIM page explains how it works.
What to save
- The bus route number, direction, time and bus number if you saw it.
- Photos of your injuries and the scene, and names of other passengers.
- The CHP or police report number.
- A request that the agency preserve onboard camera video. Bus video is often kept only for a limited time.
- Medical records, bills and proof of missed work.
What are the deadlines?
- Two years for most injury and wrongful death lawsuits against private parties, under Code of Civil Procedure section 335.1.
- Six months for a written claim when a public entity is involved, under Government Code section 911.2. Our government claims page explains the process.
- Policy notice periods for your own insurer. Report the crash early, even if you think another driver will pay.
Where can you read more?
See our bus accident page, our MTS and San Diego Trolley page, our guide on being hurt on an MTS or LA Metro bus and how to file a claim against MTS.
Frequently asked questions
Who pays if I am hurt on a bus when another car hits it?
Usually the driver of the car that caused the crash, through their auto insurance. The transit agency may also share fault if the bus driver contributed, and your own UM or UIM coverage may help.
Do I need to file a government claim if the other driver caused the crash?
It is often wise. If the transit agency may share any fault, a written claim is generally due within six months under Government Code section 911.2, and missing it can end the claim against the agency.
What duty does a transit bus owe its passengers in California?
A common carrier must use the utmost care and diligence for passengers’ safety under Civil Code section 2100.
What if the other driver’s insurance is not enough for all the passengers?
One per-accident limit may be shared by everyone hurt. Claims against the transit agency, if it shares fault, and your own underinsured motorist coverage may add sources of payment.
How long do I have to sue after a bus crash?
Generally two years against a private driver under Code of Civil Procedure section 335.1. Against a public transit agency, a written claim is due within six months first.
Talk to us
Agency-specific guides can help after you identify the bus system: OCTA accident claims, Omnitrans and RTA bus claims, LA Metro bus claims, and MTS and San Diego Trolley claims. For rail rather than bus, see our California train accident lawyers page.
If you or your family is dealing with a crash like this anywhere in California, talk to us about who may be responsible and which deadlines apply. This article is general information, not legal advice, and it does not decide what happened in any real crash.