California Government Tort Claims: The Six-Month Deadline That Bars Lawsuits

California's Government Claims Act imposes a procedural hurdle that many accident victims learn about too late: before suing any California government entity for personal injury, you must first file a formal written claim with that entity within six months of the incident. Missing this deadline — regardless of how strong the underlying case is — permanently bars the claim.

The Six-Month Claim Requirement

Government Code section 945.4 provides that no suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented unless such a claim was first presented to the entity and was acted on or deemed rejected in accordance with the act. The filing deadline for personal injury claims is six months from the accrual of the cause of action — meaning, in most accident cases, six months from the date of the injury.

This is a condition precedent to litigation — not a statute of limitations that can be tolled by discovery, minority, or incapacity in the same ways the general two-year SOL can be tolled. Missing the six-month deadline means the claim is permanently barred against that specific government entity defendant. It does not affect claims against private defendants in the same accident.

Government entities covered include state agencies (Caltrans, California Highway Patrol, CalTrans-maintained highways), counties, cities, special districts (water districts, transit agencies like OCTA, BART, MTS, SFMTA), school districts, and public universities. Private contractors doing work for government entities are generally not protected by the Act.

Who Must File a Government Tort Claim

Anyone who believes they have a personal injury or property damage claim against a California government entity must file. Common scenarios requiring a government tort claim in accident contexts:

• Car accident involving a city vehicle, county sheriff's vehicle, CHP officer's vehicle, or state employee's vehicle driven in the course of employment;
• Accident caused by a road defect — pothole, failed traffic signal, missing sign, inadequate lighting — on a roadway maintained by Caltrans, a county road department, or a city;
• Slip and fall on a public sidewalk, government building, public park, or other government-maintained property;
• Bus accident involving OCTA, MTS, AC Transit, SFMTA Muni, LA Metro, BART, or any other public transit agency;
• Accident on a school campus, at a school district event, or involving a school district vehicle.

When in doubt about whether a defendant is a government entity, the six-month claim should be filed defensively. Filing a claim against an entity that turns out to be private creates no harm; failing to file against an entity that turns out to be governmental may permanently bar the claim.

How to File a Government Tort Claim

The claim must be in writing and must include: the claimant's name and address; the date, place, and circumstances of the occurrence giving rise to the claim; a general description of the injury or damage; the name of the public employee who caused the injury if known; and the dollar amount claimed if under $10,000, or a statement that damages exceed $10,000 for claims over that amount.

The claim is filed with the clerk, secretary, or governing board of the specific government entity against which the claim is made — not a central state repository. A claim against the City of Los Angeles goes to the City Clerk's office. A claim against Caltrans goes to the Department of General Services. A claim against BART goes to BART's risk management office. Each entity has its own form and submission procedures.

The specific filing address and form for each entity must be verified before submission. Some entities accept electronic filing; others require mail or in-person delivery. Retain proof of submission: certified mail return receipt, electronic submission confirmation, or a date-stamped copy of the in-person filing.

What Happens After You File

After a properly presented claim, the government entity has 45 days to accept, reject, or partially allow the claim. If the entity rejects the claim — which is the standard response in personal injury claims — it must notify the claimant in writing. After rejection, the claimant has six months from the date of the rejection notice to file a civil lawsuit.

If the government entity fails to act on the claim within 45 days, the claim is "deemed rejected" by operation of law on the 45th day. The six-month litigation window then runs from that deemed-rejection date. Failing to file suit within six months of rejection — or within two years of the accrual of the cause of action, whichever is shorter — bars the claim permanently regardless of the claim filing.

The claim process does not toll the two-year statute of limitations for personal injury. The SOL and the claim process run concurrently. For accidents close to the two-year mark, both deadlines require active management simultaneously.

Exceptions and Late Claim Relief

Government Code section 946.6 provides limited relief for claimants who missed the six-month filing deadline. A claimant may petition the court for leave to present a late claim if the claimant can show: the claimant was a minor during the entire six-month period; the claimant was physically or mentally incapacitated and due to that incapacity failed to present the claim within the six-month period; or the failure to present the claim was due to mistake, inadvertence, surprise, or excusable neglect.

Section 946.6 petitions must be filed within a reasonable time, and no later than one year from the date of accrual of the cause of action. Courts apply the excusable neglect standard strictly. Ignorance of the claim requirement — not knowing the six-month deadline existed — is generally not excusable neglect. Attorney error that causes a missed filing deadline may or may not qualify depending on whether the error was the kind of mistake a reasonably prudent attorney would make.

The minor tolling provision is one of the most important exceptions. A child under 18 who is injured in an accident against a government entity has until two years after reaching 18 — age 20 — to file suit, regardless of the six-month rule, under Government Code section 945.6(b). However, this tolling applies only to the litigation deadline; the claim must still be filed within six months unless the minor's guardian also failed to file and the minor was continuously incapacitated.