How to File a Claim Against MTS or the San Diego Trolley: Policy No. 51 and the Six-Month Deadline

Last updated November 4, 2026 · Reviewed by Ron McMinn, Esq.

If you were hurt on a San Diego Trolley or an MTS bus, the first step is usually not a call to a private insurer. The trolley is run by a public agency, so California requires a written claim first. This guide explains how that works under MTS’s own policy. For an overview of the agency and common injury patterns, see our MTS and San Diego Trolley accident page.

Who do you file a claim against after a San Diego Trolley injury?

Short answer: You file a written claim with the San Diego Metropolitan Transit System, known as MTS. MTS Policy No. 51 applies the Government Claims Act to MTS and its subsidiaries, San Diego Trolley, Inc. and San Diego Transit Corporation. Injury claims generally must be presented within six months.

The trolley is operated by San Diego Trolley, Inc., known as SDTI. The California Public Utilities Commission describes SDTI as a wholly owned subsidiary of MTS responsible for operating and maintaining the light rail system. Because of that structure, MTS adopted one claims policy for all three entities, so a trolley claim and a bus claim follow the same process.

What does MTS Policy No. 51 say?

It says a written claim must be presented before you can sue, and it sets the deadlines and the claim form process. MTS posts the policy on its website (Policy No. 51 page and policy PDF). The board approved the current version on October 30, 2014. In plain terms:

• Written claim required (section 51.2). No lawsuit for money or damages may be brought until a written claim has been presented under the policy.
• Six months for injury (section 51.3.1). A claim for death or injury to a person or to personal property must be presented no later than six months after the cause of action accrues.
• One year for other claims (section 51.3.2). Other claims must be presented within one year.
• Late claims (section 51.4). Late claims are governed by Government Code sections 911.4 to 912.2.
• Claim form (section 51.5). Claims are presented to the MTS Claims Administrator on a form provided by the MTS Office of General Counsel.
• Decision and suit deadline (section 51.7). General Counsel must act within the time set by Government Code section 912.4, and any lawsuit must be brought within the time set by Government Code section 945.6.

Accrual in plain English: A claim “accrues” when the legal right to sue first exists, which for most injuries is the date of the injury. Policy No. 51 points to Government Code section 901 for how that date is figured.

How long do you have to file a claim against MTS?

You generally have six months from the date the claim accrued, which is much shorter than the time to sue a private driver. Government Code section 911.2 says a claim for death or injury to a person or personal property must be presented not later than six months after accrual. Policy No. 51 repeats that rule for MTS, SDTC and SDTI.

A lawsuit against a private driver, by contrast, usually has a two-year deadline for injury under Code of Civil Procedure section 335.1. That longer period does not extend the claim period for MTS. If a trolley crash also involved a private driver, the two deadlines run separately. Our post on who pays when a trolley, a driver and a city share fault explains how those parties fit together.

For a broader checklist, see our transit six-month claim deadline checklist and our government claims guide.

What does the claim have to include?

It has to give MTS enough information to investigate, and Government Code section 910 lists the required items. A claim must show:

1. The claimant’s name and post office address.
2. The address where the claimant wants notices sent.
3. The date, place and other circumstances of the event that caused the injury.
4. A general description of the injury, damage or loss, as far as it is known when the claim is presented.
5. The names of any public employees who caused the injury, if known.
6. A statement about the amount claimed, which section 910 handles differently depending on the size of the claim.

That last item is one reason many people have a lawyer review the claim before it is sent. Starting in 2027, a claim must also be signed with a declaration that, upon information and belief, its contents are true and correct. See our post on the AB 2529 declaration rule.

Where do you send a claim against MTS or the San Diego Trolley?

Send it to the MTS Claims Administrator on MTS’s claim form, and keep proof of delivery. Policy No. 51 says claims are presented to the MTS Claims Administrator on a form provided by the Office of General Counsel, and it says claims required to be presented to the agency go to General Counsel. For purposes of Government Code section 915 only, the policy designates General Counsel as a Clerk of the Board. Section 915 is the section that governs how a claim is delivered to a local public agency.

The policy letterhead and MTS’s website list 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 San Diego injury page explains SDPD and CHP reports and where San Diego cases are filed. Our San Diego injury page explains SDPD and CHP reports and where San Diego cases are filed. Section 915 allows delivery to the clerk, secretary or auditor, or mailing to any of them or to the governing body at its principal office. It also treats a claim as presented if it is actually received within the deadline. Use hand delivery or tracked mail so you can prove the date.

What happens after you present the claim?

MTS must act within 45 days, and silence counts as a rejection. Government Code section 912.4 gives the agency 45 days to act, and if it does not, the claim is deemed rejected on the last day of that period. You and MTS can extend the period by written agreement. Under Policy No. 51, General Counsel allows or rejects the claim for MTS.

Once MTS responds, a separate and short deadline to file a lawsuit begins. What that deadline is, and what happens if the rejection notice is missing required wording, is covered in our post on what to do after MTS rejects your claim.

What if you missed the six-month deadline?

You may be able to ask MTS for permission to file a late claim, but the window is narrow and approval is not automatic. Policy No. 51 sends late claims to Government Code sections 911.4 to 912.2.

1. Apply within a reasonable time, and no later than one year. Section 911.4 requires a written application that states the reason for the delay, with the proposed claim attached. It must be made within a reasonable time not to exceed one year after the claim accrued.
2. MTS has 45 days to decide. Section 911.6 requires the agency to grant the application on certain grounds, including mistake, inadvertence, surprise or excusable neglect when the agency was not prejudiced, and some cases involving a minor or a person who was incapacitated. If the agency does not act, the application is treated as denied.
3. A court petition may be possible. If the application is denied, Government Code section 946.6 allows a petition to the superior court, and it must be filed within six months after the denial.

Do not plan around a late claim. Every step is deadline driven, and the court looks at the reason for the delay.

What mistakes can sink a claim against MTS?

The most common ones are missing the six months, suing first, and sending the claim to the wrong place. Watch for these:

• Filing suit before presenting a claim. Policy No. 51 bars a lawsuit until a written claim has been presented. See our post on why filing suit too early can still sink a case.
• Talking only to an adjuster. A phone call or a conversation with a claims representative is not the same as a written claim presented under the policy.
• Guessing the date. The six months run from accrual, not from the day you first saw a doctor or the day you hired a lawyer.
• Leaving out key facts. The claim should state the date, place and circumstances, and the line, station or stop where it happened.
• Missing a second defendant. A private driver, a city or a contractor may be involved too, and their deadlines can differ.

Does it matter whether you were hurt on a trolley or on an MTS bus?

Not for the claim process, because Policy No. 51 covers both, but the evidence is different. A trolley injury may involve a platform, a boarding gap, a street crossing or a collision with a car, while a bus injury may involve a hard stop or a fall. In either case, the claim goes to MTS under the same policy. If you were a rider, the law also holds a carrier of persons for reward to the utmost care and diligence under Civil Code section 2100. That standard applies to passengers, not to every person near the tracks.

Other California agencies run their own claims processes. For a side by side look at MTS and LA Metro, see our guide to who pays when you are hurt on an MTS or LA Metro bus. For comparison, see our post on how to file a claim after an LA Metro bus accident and our train accidents page.

What should you do first after a San Diego Trolley or MTS injury?

Get medical care, write down the date, and protect your deadline. Here is a simple order.

1. Get medical care. Tell the provider how you were hurt, and follow up on every symptom.
2. Write down the date and place. Note the line, station or stop, direction, time and car or bus number if you can.
3. Take photos and gather names. Include witnesses and any other vehicle involved.
4. Request that video be preserved. Ask in writing as early as possible.
5. Calendar six months from the injury. Treat that as the claim deadline unless a lawyer tells you otherwise.
6. Do not sign releases or give recorded statements without advice.
7. Talk to a lawyer before the deadline gets close.

For more on the agency and the injuries we see, see our MTS and San Diego Trolley accident page and our San Diego page.

Frequently asked questions

Can you sue MTS or the San Diego Trolley right away?

Usually not. MTS Policy No. 51 says no lawsuit for money or damages may be brought until a written claim has been presented under the policy.

How long do you have to file a claim against MTS?

For injury or death, a written claim must generally be presented no later than six months after the cause of action accrues. Other claims generally have one year.

Does the San Diego Trolley follow the same claim rules as MTS buses?

Yes. Policy No. 51 applies to MTS, San Diego Transit Corporation and San Diego Trolley, Inc., so trolley and bus claims follow the same written claim process.

Where do you send a claim against MTS?

Policy No. 51 says to present it to the MTS Claims Administrator on a form provided by the Office of General Counsel. Ask MTS for the current form and keep proof of delivery.

What if you missed the six-month deadline?

You may be able to apply for leave to present a late claim within a reasonable time, no later than one year after the claim accrued. The application must state the reason for the delay, and approval is not automatic.

Do you need a lawyer to file a claim against MTS?

The law does not require one, but the deadlines are short and small errors can cause problems. Many people have a lawyer review the claim before it is sent.

Talk to us

If you were hurt on the San Diego Trolley or an MTS bus, 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: MTS Policy No. 51, MTS Policy No. 51 page, CPUC Calendar Year 2025 annual report, Government Code section 910, section 911.2, section 911.4, section 911.6, section 912.4, section 915, section 946.6, Civil Code section 2100, AB 2529 bill text.