Last updated
By Ron McMinn, Esq. | Official sources checked November 12, 2026.
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Westminster streets, sidewalks, parks, and City vehicles can all be part of an injury claim. A claim against a city is not the same as a claim against a private driver, and it is not the same as calling City Hall or waiting for a police report. This guide explains the first filing step under California’s Government Claims Act. See also our Westminster personal injury page.
Is it a City of Westminster claim?
OCTA buses and stops go to OCTA (see how to file a claim against OCTA). County facilities go to the County (see our County of Orange claim guide). Freeways such as SR-22 and I-405 generally go to Caltrans (see our Caltrans claim guide). Other Orange County cities have their own process, including our guides for the City of Garden Grove, City of Huntington Beach, and City of Santa Ana. If more than one public entity may be involved, a timely claim to each can be required.
The six-month deadline
Under Government Code section 911.2, a claim relating to a cause of action for death or for injury to a person, personal property, or growing crops must be presented not later than six months after the cause of action accrues. A claim relating to any other cause of action must be presented not later than one year after accrual. When the cause of action accrues is a legal question. Do not invent the start date from the day you first felt worse or from the day a report is finished.
How to present the claim
The City’s Claims Against the City page says to download and complete the Claim Against the City Form, then submit it in person or by mail. The City states that no electronic claims will be accepted. File with City of Westminster, City Clerk’s Office, 8200 Westminster Blvd., Westminster, CA 92683. Citing Government Code section 911.2, the City says claims for death, injury to a person, or personal property must be filed no later than six months after the occurrence, and claims for damage to real property no later than one year.
The City Clerk page lists (714) 548-3237 and CityClerkCSR@westminster-ca.gov. Because the City does not accept electronic claims, do not rely on that email address to present a claim. Keep a complete copy of what you present, and consider a method that leaves a record of delivery.
Government Code section 915 generally allows you to deliver a claim against a local public entity to the clerk, secretary, or auditor, or mail it to the clerk, secretary, auditor, or governing body at its principal office. Electronic presentation is allowed only if the entity has authorized it by ordinance or resolution. Do not treat a general City Hall number, a service request, or a Clerk email address as a substitute for presenting the claim unless the City says that method is accepted.
Government Code section 910 lists what every claim must include: the claimant’s name and post office address, an address for notices, the date, place, and other circumstances, a general description of the injury, damage, or loss so far as it is known, the name of any public employee who caused it if known, and the amount claimed if it is less than $10,000, or, if it exceeds $10,000, whether the claim would be a limited civil case. Do not invent a dollar figure if you are still gathering records, and do not leave required information blank when you already know it.
What happens next
Under Government Code section 945.4, you generally cannot sue the City for money damages until a required claim has been presented and acted on, or deemed rejected. Section 912.4 generally gives the public entity 45 days to act. If it does not act, the claim is deemed rejected on the last day of that period.
If you receive written notice of rejection, Government Code section 945.6 generally gives you six months, counted from personal delivery or mailing of that notice, to file suit. If written notice under section 913 is not given, a different two-year period from accrual can apply.
Missed the six-month window? Government Code section 911.4 allows a written application for leave to present a late claim within a reasonable time, not more than one year after accrual, with the proposed claim attached. Relief is not automatic. See our guide on a missed six-month government claim deadline.
Talk to us
If you were hurt in California and a city, county, transit agency, or the State may share responsibility, Win Attorneys handles government claims and personal injury matters statewide from our office in Tustin. We speak Spanish and Vietnamese.
Call us at (657) 235-8097, write through our contact page, or start online with our intake form. Office: 17291 Irvine Blvd., Suite 210, Tustin, CA 92780.
This article is general information and is not legal advice. Reading it does not create an attorney-client relationship. City instructions can change, so confirm the current process with the City before you file.
Sources
- City of Westminster, Claims Against the City, which says to submit the form in person or by mail and that electronic claims are not accepted.
- City of Westminster, City Clerk, (714) 548-3237.
- Government Code section 910, section 911.2, section 911.4, section 912.4, section 915, section 945.4, and section 945.6.
Frequently asked questions
How long do I generally have to present an injury claim to the City of Westminster?
Government Code section 911.2 requires a claim for death or for injury to a person or to personal property to be presented no later than six months after the cause of action accrues. Most other claims have one year. Accrual is a legal question, so do not guess at the start date.
Where do I present a claim against the City of Westminster?
Download the City’s Claim Against the City Form and submit it in person or by mail to the City Clerk’s Office, 8200 Westminster Blvd., Westminster, CA 92683. The Clerk lists (714) 548-3237.
Can I email my Westminster claim?
No. The City’s Claims Against the City page states that no electronic claims will be accepted. Submit the form in person or by mail.
Does a claim against Westminster cover a OCTA bus or a freeway crash?
No. OCTA buses and stops, and freeways such as SR-22 and I-405, generally involve different public entities with their own claim processes. The County is also separate from the City. When more than one agency may be involved, a timely claim to each can be required.
What if I missed the six-month claim deadline?
Government Code section 911.4 allows a written application for leave to present a late claim within a reasonable time, not more than one year after accrual, with the proposed claim attached. Relief is not automatic.
If the City rejects my claim, how long do I generally have to sue?
Government Code section 945.6 generally requires suit within six months after written notice of rejection is personally delivered or mailed. If that written notice is not given, a different two-year period from accrual can apply. Confirm with a lawyer which period applies to you.
Can I talk to a lawyer about a Westminster claim in Spanish or Vietnamese?
Yes. We speak Spanish and Vietnamese. Call (657) 235-8097. Our only office is at 17291 Irvine Blvd., Suite 210, Tustin, CA 92780, and we handle claims statewide.