California Government and Caltrans Injury Claims: The Six-Month Deadline and How the Claims Act Works

When a city bus, a county road, a Caltrans highway, a school district, or a transit agency plays a part in a crash, the normal two-year clock for injury lawsuits is not the clock that matters first. California’s Government Claims Act sets its own rules, and the first deadline is usually six months.

In plain terms: A government injury claim is a written claim you must present to a California public entity, such as the State, Caltrans, a city, a county, or a transit agency, before you can sue it for money. For injury or death, the claim generally must be presented within six months after the injury happens, under Government Code section 911.2. Other kinds of claims generally have one year.

This page is general information, not legal advice. It explains how the claim process works from start to finish, links to the official claim pages we have checked, and collects our guides on public-entity claims in one place so you can find the right one quickly. If you were hurt, seek medical care first and keep every record.

If you were hurt or lost a family member and a public entity may share responsibility, Win Attorneys handles personal injury and wrongful death and catastrophic injury claims statewide. Our office is fluent in Spanish and Vietnamese.

Talk to us at (562) 296-5380 or reach out through our contact page to talk through your situation. Office: 17291 Irvine Blvd., Suite 210, Tustin, CA 92780.

What Is the California Government Claims Act?

Short answer: It is the set of statutes, starting at Government Code section 810, that decides when a California public entity or public employee can be held liable for an injury and what an injured person must do before filing a lawsuit. The most important step is presenting a written claim on time.

Liability comes from statute. Under Government Code section 815, a public entity is not liable for an injury except as a statute provides. That is why a public-entity case always starts with the question of which statute applies.

Employees on the job. Government Code section 815.2 makes a public entity liable for injuries caused by an employee acting within the scope of employment, when the employee would be liable. A crash caused by a city truck driver or a transit operator usually starts here.

Dangerous property. Government Code section 835 covers injuries caused by a dangerous condition of public property, such as a road, sidewalk, traffic signal, or tree.

Claim before suit. Government Code section 945.4 bars most lawsuits for money against a public entity until a written claim has been presented and acted on or deemed rejected.

How Long Do I Have to File a Government Claim in California?

Short answer: Six months for a claim based on death, injury to a person, or damage to personal property or growing crops. One year for most other claims. Both deadlines come from Government Code section 911.2.

Damage to your car counts as personal property, so a crash claim for both injuries and vehicle damage is usually on the six-month track. Under Government Code section 901, the clock generally starts when the cause of action accrues, which for a crash or fall is usually the day it happens.

Medical treatment, insurance talks, and a police investigation do not pause the six months. Neither does waiting to see how an injury heals. Plan to present the claim well before the deadline so there is time to fix a mistake or name a second agency.

Where Do I File a Claim Against the State, Caltrans, a City, a County, or a Transit Agency?

Short answer: Claims against the State generally go to the Department of General Services. Claims against a local public entity, such as a city, county, or transit agency, go to that entity’s clerk, secretary, or auditor, or by mail to its governing body, under Government Code section 915. Caltrans also accepts smaller claims directly.

The rules in section 915 are short, but naming the wrong agency is one of the most common ways claims go wrong. A single road can belong to the State, a county, or a city, and a bus can be run by a contractor. These are the official claim pages we checked:

State agencies. The DGS Government Claims Program accepts claims online or by mail on form DGS ORIM 006, listed on the DGS forms page. DGS charges a $25 filing fee and offers a fee waiver request form, DGS ORIM 005.
Caltrans. The Caltrans damage claim page says claims of $12,500 or less for injury, death, or damage to personal property may go directly to the Caltrans District Claims Office for the county where the incident happened, on form DOTLD-0274. Claims over $12,500 go to the DGS Government Claims Program.
Cities. Each city sets its own process. The City of Los Angeles, for example, takes claims through its City Clerk claim page, online, by mail, or in person, and says it does not accept emailed or faxed claims.
Counties. The County of Los Angeles takes claims through the Executive Officer of the Board of Supervisors. Other counties use their clerk of the board or a risk management office.
LA Metro. The Metro Legal Services page posts the Claims for Damages form in English and Spanish and says completed claims are accepted only in person or by mail. Metro says claims received by email will be rejected.
Metrolink. Metrolink is run by the Southern California Regional Rail Authority, a joint powers authority. Under Government Code section 6507, a joint powers agency is a public entity separate from its members. We did not find a published injury claim form on Metrolink’s own website, so a Metrolink claim is usually presented in writing under section 915 to the authority itself. Confirm the current address before sending.
School districts and special districts. Present the claim to that district’s clerk, secretary, or governing board under section 915.

Agency pages change. Check the official page on the day you file, keep proof of delivery, and if more than one agency may be involved, consider presenting a claim to each one.

For one transit example, see our guides on how to file a claim against MTS or the San Diego Trolley and what to do after MTS rejects your claim.

A joint powers agency is a separate public entity. For example, see claims against Omnitrans and RTA.

What Does a Government Claim Have to Include?

Short answer: Government Code section 910 lists what a claim must state. Most agency forms ask for the same items, and a written claim that is not on the agency’s form can still work if it has the required information.

The claimant’s name and address, and where notices should be sent.
The date, place, and other circumstances of the incident.
A general description of the injury, damage, or loss known at the time.
The name of the public employee involved, if known.
The amount claimed, or for larger claims, whether it would be a limited civil case.

Be accurate. If you are unsure of an exact time, say “approximately.” Attach copies of photos, estimates, or records you have, and never send originals.

What Changes in 2027 Under AB 2529?

Short answer: Starting January 1, 2027, a government claim must be signed by the claimant, or someone on the claimant’s behalf, declaring that, upon information and belief, the contents of the claim are true and correct. The claim deadlines do not change.

AB 2529 is Chapter 618, Statutes of 2026. It amends Government Code section 910.2, which today only requires that the claim be signed by the claimant or someone acting for them. The new declaration applies whether you use an agency form or write your own claim letter. The bill uses the words “upon information and belief” and does not use the phrase “under penalty of perjury,” although some agency forms already include that language. Read more in our guide to the new AB 2529 declaration rule for 2027.

What If I Missed the Six-Month Deadline?

Short answer: You may be able to apply for leave to present a late claim under Government Code section 911.4, within a reasonable time and no later than one year after the claim accrued. If the agency denies it, a court petition under section 946.6 may be possible. Both steps are narrow, so do not count on them.

The application. Under section 911.4, the application must state the reason for the delay, and the proposed claim must be attached.

The agency’s decision. Under section 911.6, the agency’s board must grant or deny the application within 45 days unless both sides agree in writing to extend that time. The board must grant it in certain situations, including mistake, inadvertence, surprise, or excusable neglect when the entity was not prejudiced, and some cases involving a minor or a person who was physically or mentally incapacitated.

The court petition. If the application is denied or deemed denied, section 946.6 allows a petition to the superior court for relief from the claim requirement. The petition must be filed within six months after the application is denied or deemed denied.

For transit claims in particular, see our transit six-month claim deadline checklist.

What Happens After the Claim Is Filed, and How Long Do I Have to Sue?

Short answer: The agency generally has 45 days to act. If it rejects the claim in writing, a lawsuit generally must be filed within six months after the notice is delivered or mailed. If no proper written notice is given, the deadline is generally two years from accrual.

The 45 days. Under Government Code section 912.4, if the agency does not act within 45 days, the claim is deemed rejected. The claimant and the agency can agree in writing to extend the time.

Written rejection. Under section 945.6, if the entity gives written notice of rejection, suit generally must be filed within six months after that notice is personally delivered or mailed.

No written notice. If no proper written notice is given, suit generally must be filed within two years from accrual.

Filing too early. Suing before the claim is acted on or deemed rejected can create its own problems. See our guide on why filing suit too early can still sink a government claim.

When Is Caltrans or a City Liable for a Dangerous Road or Sidewalk?

Short answer: Under Government Code section 835, a public entity can be liable when its property was in a dangerous condition that caused the injury and the entity either created the condition or knew about it in time to protect against it. Immunities, such as design immunity, often decide these cases.

Caltrans owns and maintains the state highway system, and cities and counties maintain local streets and sidewalks. When a crash or fall is tied to the property itself, the claim usually runs through section 835. See pothole and road defect claims, and what to photograph. To win, an injured person generally must show:

The property was in a dangerous condition at the time of the injury.
The dangerous condition was a proximate cause of the injury.
The condition created a reasonably foreseeable risk of the kind of injury that happened.
Either a public employee’s negligent or wrongful act created the condition, or the entity had actual or constructive notice of it in time to protect against it.

What counts as dangerous. Section 830 defines a dangerous condition as one that creates a substantial, not minor or trivial, risk of injury when the property is used with due care in a reasonably foreseeable way.

Defenses matter. Design immunity under section 830.6, the notice rules in section 835.2, and other immunities, such as the trail immunity in section 831.4, can decide these cases. Early evidence about the road, signs, signals, and prior complaints is important.

Curbs and bike lanes can be part of the road too. See Solo e-bike crashes and dangerous road conditions for what riders and families should know when no car is involved. Read more in our guides on crashes near a Caltrans lane closure or eroding road, SR-67 crashes and Caltrans dangerous condition claims, traffic lights out during a power shutoff, and when a city tree falls on you or your car.

For a plain-English walkthrough of notice, the trivial defect rule, design immunity and the six-month deadline, see Can You Sue the Government Over a Dangerous Road or Sidewalk in California?

Transit stations are a common setting for these claims. Read about station injury claims against Metro and Metrolink.

How Does SB 577 Change Shared-Fault Cases Against Public Entities?

Short answer: For lawsuits filed on or after January 1, 2027, a public entity found 15 percent or less at fault will generally pay only its own share of economic damages, such as medical bills and lost earnings, instead of the full amount jointly with other defendants. SB 577 does not change the claim deadlines.

SB 577 is Chapter 971, Statutes of 2026, approved September 30, 2026. It amends Civil Code section 1431.2, the Proposition 51 rule on shared fault. Before SB 577, each defendant already paid only its own share of non-economic damages, such as pain and suffering, but could be jointly liable for all economic damages. Under the new paragraph, a public entity at 15 percent or less fault is liable for economic damages only in proportion to its share. If the entity is found more than 15 percent at fault, the old joint rule for economic damages still applies.

The new rule turns on the date the lawsuit is filed, not the date of the injury. That makes early investigation into every party’s share of fault more valuable. Read what SB 577 changes for public entity injury claims.

Which Public-Entity Claims Do We See Most Often?

Short answer: Transit crashes, government vehicle crashes, and dangerous public property, such as roads, sidewalks, signals, and trees, make up most public-entity injury claims.

Transit crashes. LA Metro, Metrolink, OCTA, and MTS are public agencies. See injured on a Metro bus by another driver, motorcycle crashes with a left-turning Metro bus, and train and rail crossing injuries.

Government vehicles. City trucks, lifeguard vehicles, and police cars. See the San Diego lifeguard truck crosswalk case and crashes caused by drivers fleeing police.

Police vehicles. For a pedestrian struck by a patrol car, see when a police car hits a pedestrian and whether the family can sue the city.

Robotaxi and rideshare crashes. A Waymo, Uber, or Lyft crash is usually a claim against private companies, but a city or Caltrans can share fault when a road or signal played a part. See our robotaxi and rideshare injury guide.

Public airport shuttles run by contractors can require both a government claim and a regular claim. See shuttle accident claims.

Claims against the federal government, such as the FAA, follow a separate federal process instead of the six-month rule. See who is liable in a private jet crash.

Trees, sidewalks, and public property. See our premises liability page.

Street design. Cities can face claims too when street design contributes to a death. See When a city’s street design matters in a fatal crash.

School injuries. School districts are public entities too, so the six-month claim deadline usually applies when a student is hurt during the school day. See our guide for parents of a child hurt in school PE or sports.

Practice pages that often involve public entities include bus accidents, train accidents, LA Metro accidents, Metrolink accidents, OCTA accidents, MTS and San Diego Trolley accidents, and pedestrian and micromobility accidents.

For a recent example of how these rules apply to rail, see our guide on wrongful death claims for a pedestrian struck by a Metro train in Pasadena.

What Should I Do Right Away?

Short answer: Get medical care, identify every agency that may be involved, preserve the scene, and count six months from the incident date.

Get medical care and keep every record.
Write down the exact place, time, and what you saw, including signs, signals, potholes, or debris.
Photograph the scene before it is repaired.
Identify the agency. A road can belong to the State, a county, or a city, and buses may be run by contractors.
Count six months from the incident date and plan to present the claim well before then.
Keep copies of the claim, proof of delivery, and any rejection letter.
Write down the date of any rejection notice, because the six months to sue under section 945.6 runs from that notice.

California Government Claims FAQs

How long do I have to file a claim against a California city or Caltrans?

For injury, death, or damage to personal property such as a car, a claim generally must be presented within six months after the incident under Government Code section 911.2. Most other claims have one year.

Where do I send a claim against Caltrans?

According to the Caltrans claim page, a claim for $12,500 or less may go to the Caltrans District Claims Office for the county where the incident happened, on form DOTLD-0274. Larger claims go to the Department of General Services Government Claims Program.

Is a claim against LA Metro or Metrolink a government claim?

Yes. LA Metro and the Southern California Regional Rail Authority, which runs Metrolink, are public entities, so the Government Claims Act and its six-month rule generally apply. LA Metro posts its own claim form and accepts it only in person or by mail.

Can I file a late government claim?

Possibly. Section 911.4 allows a written application for leave to present a late claim within a reasonable time, no later than one year after accrual. If it is denied, section 946.6 allows a court petition filed within six months after the denial. Relief is limited, so act early.

How long do I have to sue after my claim is rejected?

Under section 945.6, generally six months after written notice of rejection is delivered or mailed. If no proper written notice is given, generally two years from accrual.

What makes a road a dangerous condition?

Under section 835 and related sections, the property must have been in a condition that created a substantial risk of injury when used with due care in a reasonably foreseeable way, and the entity must have created it or had notice of it in time to fix it.

What does AB 2529 require on a government claim?

Starting January 1, 2027, the claim must be signed by the claimant or someone on the claimant’s behalf declaring that, upon information and belief, its contents are true and correct. It applies to agency forms and self-written claims alike.

Does SB 577 change the six-month deadline?

No. SB 577 changes how economic damages are shared when a public entity is 15 percent or less at fault, for lawsuits filed on or after January 1, 2027. The claim deadlines stay the same.

Do I need a lawyer to file a government claim?

No, but mistakes in naming the right entity, describing the claim, or meeting the deadline can end a case. Talking with a lawyer early can help you avoid them.

Talk to us at (562) 296-5380 or reach out through our contact page. Office: 17291 Irvine Blvd., Suite 210, Tustin, CA 92780.

Disclaimer

This page is general information for educational purposes. It is not legal advice and does not create an attorney-client relationship. Agency claim procedures are summarized from the official agency pages linked above as checked in October 2026 and can change. No fault is assigned to anyone. Outcomes depend on the facts of each matter. Seek medical care for injuries. Consult a licensed California attorney about your situation.