By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hurt on a bus in California?
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Start with who runs the bus
Claims for money or damages against local public entities must go through this process (Gov. Code § 905). For example:
- LA Metro. The Los Angeles County Metropolitan Transportation Authority was created by statute to succeed the old Southern California Rapid Transit District (Pub. Util. Code § 130050.2).
- OCTA. OCTA tells claimants to file within six months of the accident (OCTA claim page).
- Big Blue Bus. It is a City of Santa Monica department (Big Blue Bus), so you file with the city.
- School buses. Districts count as public entities, so the same claim rules apply.
When a privately owned charter, tour or shuttle bus is involved, no government claim is needed, and the injury lawsuit generally has a two-year deadline (Code Civ. Proc. § 335.1).
What the claim must include
Government Code section 910 lists what every claim must show:
- your name, your mailing address and the address for notices;
- the date, place and circumstances of the crash;
- a general description of your injuries and losses, as far as known when you file;
- the name of the employee who caused the injury, if known;
- the amount claimed if under $10,000, with how you computed it. Above $10,000, leave the figure out and say whether it would be a limited civil case.
You or someone acting for you must sign it (§ 910.2). Metro’s and OCTA’s forms also ask for the bus number, the route or line and the operator’s name or badge number, and OCTA asks injury claimants to add a Medicare Reporting Form.
An agency that finds the claim deficient may send a written notice listing the defects within 20 days (§ 910.8). Without that notice it waives those defects, unless the claim gave no address at all (§ 911).
Where to send it and what happens next
Deliver the claim to the agency’s clerk, secretary or auditor, or mail it to one of them or to the governing body at its principal office. Email or online filing counts only if the agency authorized it by ordinance or resolution (§ 915). A mailed claim is presented the day it is deposited in the mail (§ 915.2), so keep proof of mailing.
Metro takes claim forms only in person or by mail at One Gateway Plaza in Los Angeles and rejects claims sent by email (Metro Legal Services). OCTA takes claims by mail at OCTA Risk Management, P.O. Box 14184, Orange, CA 92863-9831.
Once the claim is presented, the agency has 45 days to respond unless you both agree in writing to more time. If it says nothing, the claim is treated as rejected (§ 912.4). A written rejection must include a warning about the time to sue (§ 913). With a proper notice, suit must be filed within six months after it was personally delivered or put in the mail; without one, the limit is two years from the crash (§ 945.6). The extra days allowed for mailed notices do not apply to this deadline (§ 915.2).
| Step | Deadline | Statute |
|---|---|---|
| Present claim for injury or death | 6 months after the crash | Gov. Code § 911.2 |
| Agency acts on the claim | 45 days, unless extended in writing; silence counts as rejection | § 912.4 |
| Lawsuit when a written rejection notice was sent | 6 months from personal delivery or mailing of the notice | § 945.6 |
| Lawsuit if no written notice | 2 years from the crash | § 945.6 |
| Application to present a late claim | Within a reasonable time, 1 year at most | § 911.4 |
| Court petition after late claim is denied | 6 months after denial | § 946.6 |
If the six months have already passed
You can apply in writing to the agency for leave to present a late claim, giving the reason for the delay and attaching the proposed claim. It must be filed within a reasonable time and at most one year after the crash (§ 911.4). The agency has 45 days to decide, and silence counts as a denial (§ 911.6).
The agency must grant it in listed situations, such as excusable neglect that did not prejudice the agency, or an injured person who was a minor for the whole six months. After a denial, a petition to the superior court must be filed within six months (§ 946.6). Relief is never automatic, so treat six months as the real deadline.
What makes the agency responsible
The agency answers for harm its employees cause on the job whenever the employee personally would be liable (Gov. Code § 815.2), and that includes careless driving of an agency vehicle (Veh. Code § 17001).
Passengers get more protection: anyone who carries people for pay owes them the utmost care and diligence for their safe carriage (Civil Code § 2100). In Acosta v. Southern California Rapid Transit District (1970), the California Supreme Court said this means the vigilance of a very cautious person. A rider there fell when the bus braked hard while she was still walking to a seat, and the court upheld the jury’s negligence verdict.
If a broken bus stop or street defect played a part, a dangerous condition claim may apply (Gov. Code § 835), and the agency that owns that property may need its own claim.
What this means for your case
Count six months from the crash and file well before then. Gather what the claim will rely on:
- The bus number, route, direction of travel and the operator’s name or badge number.
- A written request that the agency keep any onboard camera video and the operator’s incident report.
- The police report number, other riders’ names and your fare record.
- Medical records, bills and proof of when you mailed or delivered the claim.
Our California bus accident page covers school and charter buses, and our page on the six-month claim rule applies the same law to other government vehicles. For street video, see getting traffic camera footage in Los Angeles. Beverly Law handles bus accident claims across California.
Call (310) 552-6959 for a free consultation. You owe no fees or costs unless we win.
Common questions
Can I email my claim to LA Metro?
No. Metro says it accepts completed claim forms only in person or by mail, and claims received by email will be rejected and denied. Mail it or deliver it to Metro Legal Services at One Gateway Plaza in Los Angeles, and keep proof of the date.
Do I have to finish medical treatment before filing the claim?
No. Government Code section 910 asks for a general description of your injuries and losses as far as they are known when you file. If you later amend the claim, the agency gets 45 days from the amended claim to act.
What if the agency never answers my claim?
After 45 days the claim is deemed rejected. If the agency never sends a written rejection notice that meets Government Code section 913, you generally have two years from the crash to file suit under section 945.6.
Does the six-month rule apply if my child was injured on a school bus?
Yes, the claim is due within six months. If the child was a minor for that entire period, the district must grant an application for leave to present a late claim, but the application still has to be made within one year of the injury.
Do I need a government claim for a charter or tour bus crash?
Not if a private company runs the bus. You deal with the company and its insurance carrier instead, and an injury lawsuit generally must be filed within two years under Code of Civil Procedure section 335.1.
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Related pages
California bus accident lawyer · Claims against a city or county vehicle: the six-month claim · Bus accident lawsuit: who you sue and the deadlines · How to get traffic camera footage in Los Angeles · Texas public transit bus accident claims · Beverly Law in California
Sources
- Cal. Gov. Code § 911.2, six-month deadline to present an injury claim
- Cal. Gov. Code § 945.4, no lawsuit until the claim is acted on or rejected
- Cal. Gov. Code § 905, claims required against local public entities
- Cal. Pub. Util. Code § 130050.2, creation of the Los Angeles County Metropolitan Transportation Authority
- OCTA, Claim for Damage Form page
- Big Blue Bus, About BBB (City of Santa Monica department)
- Cal. Code Civ. Proc. § 335.1, two-year injury lawsuit deadline
- Cal. Gov. Code § 910, required contents of a claim
- Cal. Gov. Code § 910.2, signature on the claim
- Cal. Gov. Code § 910.8, 20-day notice of insufficiency
- Cal. Gov. Code § 911, waiver of defects when no notice is given
- Cal. Gov. Code § 915, how a claim is presented to a local public entity
- Cal. Gov. Code § 915.2, claims presented by mail
- LA Metro, Legal Services: Claims for Damages
- Cal. Gov. Code § 912.4, 45 days for the agency to act
- Cal. Gov. Code § 913, written notice of rejection and warning
- Cal. Gov. Code § 945.6, deadline to sue after a claim
- Cal. Gov. Code § 911.4, application to present a late claim
- Cal. Gov. Code § 911.6, when a late-claim application must be granted
- Cal. Gov. Code § 946.6, court petition for relief from the claim requirement
- Cal. Gov. Code § 815.2, public entity liability for employees’ acts
- Cal. Veh. Code § 17001, public entity liability for employees’ negligent driving
- Cal. Civ. Code § 2100, carrier’s duty of utmost care
- Acosta v. Southern Cal. Rapid Transit Dist. (1970) 2 Cal.3d 19 (SCOCAL, Stanford)
- Cal. Gov. Code § 835, dangerous condition of public property
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 9, 2026.