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How the six-month claim works
The claim is a written document presented to the public entity before any lawsuit. It describes what happened, when and where, the injuries and losses, and who is making the claim. The entity then has a chance to review it and respond. A lawsuit generally comes only after that step.
This rule is easy to miss because most people think of the two-year deadline for injury lawsuits (Code of Civil Procedure 335.1). For crashes with government vehicles, the six-month claim usually comes first, and the lawsuit deadline is only part of the picture. Our page on how long you have to sue in California lists the other deadlines.
Which crashes this covers
This applies to crashes with vehicles owned or operated by a city, county or other public entity, such as a city truck or a county car driven by an employee on the job. Read more on our page for when a city or county vehicle hit me. If a public bus was involved, see bus accident lawsuits.
It also applies to dangerous road conditions. A California public entity can be liable for injury caused by a dangerous condition of its property, such as a road, if the condition created a foreseeable risk and the entity created it or had notice in time to fix it (Government Code 835). See pothole or dangerous road crashes.
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Federal vehicles follow different rules
A crash with a federal vehicle, including a U.S. Postal Service truck, falls under the Federal Tort Claims Act when the driver was working. An administrative claim, often on Standard Form 95, must be presented to the agency within two years, and a lawsuit can be filed only after the agency denies it or six months pass without a decision (28 U.S.C. 2675).
If you are not sure who owned the vehicle, look at its markings, the license plate and the police report. Write down any unit numbers or agency names you saw. A lawyer can identify the right agency quickly, which matters because the city, county and federal rules have different forms and deadlines.
Evidence to gather early
Government claims move on short timelines, so start gathering evidence right away. Take photos of the vehicle, its markings and the scene. For a road defect, such as a pothole or a broken signal, photograph the pothole, missing sign or broken signal from several angles, with something next to it for scale, before it gets repaired.
Get the police report number and witness names and phone numbers. Keep medical records and bills from the start, even though the claim can be presented before treatment ends. Ask nearby businesses for video soon, since many systems record over footage within days. A lawyer can also request public records about the vehicle or the road.
What to do now
Write down the date of the crash and mark the six-month date on your calendar. See a doctor and keep every record. Take photos and save witness names, phone numbers and claim numbers. Do not sign a release or give a recorded statement to any insurer or claims administrator before you talk to a lawyer. Keep receipts for medical care, repairs and missed work.
If six months have already passed, call a lawyer right away; whether anything can still be done depends on the facts and the dates. If the date is still ahead of you, do not wait until the last weeks. Call (310) 552-6959 or use the form, and we will look at your dates with you.
Common questions
How long do I have to file a claim against the city in California?
A written claim generally must be presented within six months of the injury before you can sue a California city, county or other public entity over a crash or dangerous road. That is much shorter than the two-year lawsuit deadline. If you think a government vehicle or road was involved, talk to a lawyer now.
What happens if I miss the six-month deadline?
Missing the deadline can end the claim. Whether anything can still be done depends on the facts and the dates, so call a lawyer as soon as you realize the deadline has passed or is close. Do not assume the claim is lost, and do not wait any longer to ask.
Is the deadline the same for a mail truck or other federal vehicle?
No. Federal vehicles fall under the Federal Tort Claims Act. An administrative claim, often on Standard Form 95, must be presented to the agency within two years. A lawsuit can follow only after the agency denies the claim or six months pass. See mail truck claim rules.
Do I have to finish treatment before filing a government claim?
No. The claim usually must be presented within six months whether or not treatment is complete. You describe the injuries and losses known so far. Keep treating, keep records, and let a lawyer handle the claim so the deadline is met while your recovery continues.
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Related pages
How long after a car accident can you sue in California? · Washington car accident statute of limitations · What happens if you lose a car accident lawsuit? · All car and truck accident questions
Sources
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.