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.

This page is general information, not legal advice. It collects our guides on public-entity claims in one place so you can find the right one quickly.

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 for a free case review. Office: 17291 Irvine Blvd., Suite 210, Tustin, CA 92780.

What the Government Claims Act Is

The Government Claims Act begins at Government Code section 810 and runs through the sections that follow it. It controls when a California public entity or public employee can be held liable for an injury and the steps an injured person must take first.

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.
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.

The Six-Month Deadline Under Section 911.2

Section 911.2 says a claim for death or for injury to a person or to personal property must be presented no later than six months after the cause of action accrues. Damage to your car counts as personal property. Most other claims have one year.

The six months usually starts on the day of the crash or fall. Medical treatment, insurance talks, and a police investigation do not pause it.

What a Claim Usually Includes

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.

Many entities have their own claim form. Claims against the State, including Caltrans, generally go to the Department of General Services Government Claims Program. Claims against a city, county, or transit agency go to that entity’s clerk or board.

Starting in 2027, claims will also need a declaration that their contents are true and correct. See the new AB 2529 declaration rule for 2027.

Missed the Six Months

Government Code section 911.4 allows a written application to present a late claim. It must be made within a reasonable time, and no later than one year after accrual. If the entity denies it, a court petition for relief may be possible under section 946.6. These steps are narrow, so do not count on them.

After the Claim Is Filed: Section 945.6

The entity generally has 45 days to act on a claim under section 912.4. If it does nothing, the claim is deemed rejected.

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.

Caltrans and Dangerous Roads: Section 835

Caltrans owns and maintains the state highway system. When a crash on a state route is tied to the road itself, the claim usually runs through section 835. 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.

Defenses matter. Design immunity under section 830.6 and the notice rules in section 835.2 often decide these cases, so early evidence about the road, signs, signals, and prior complaints is important.

Common Public-Entity Claims We See

Transit crashes. LA Metro, Metrolink, OCTA, and MTS are public agencies. See the transit six-month claim deadline checklist, 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.
Trees, sidewalks, and public property. See when a city tree falls on you or your car and our premises liability page.
Shared fault with a public entity. See what SB 577 changes for public entity injury claims.

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.

Steps to Take Right Away

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.

Frequently Asked Questions

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.

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. 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.

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. A free review 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.