By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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What happens after a tort claim is filed with the City
The City Attorney describes the process this way (City Attorney, Claims):
- Claim number. The City Clerk issues a claim number and transfers the claim to the City Attorney. Online filers at claims.lacity.org get the number right away (City Clerk).
- Assignment. An investigator or adjuster in the Claims Section is assigned.
- Review. The adjuster gathers facts and asks for documents. No decision is made until the supporting documents are in.
- Decision. The City accepts or denies liability. Vehicle damage claims are settled with the legal owner, the owner’s attorney or the insurer.
Do not file a second claim for the same incident; the City Attorney asks people not to file duplicates. If you need to add facts, amend the claim instead. An amended claim restarts the City’s 45 days (Gov. Code § 912.4).
If the claim is missing information: the 20-day notice
An incomplete claim is not simply thrown out. If the City thinks the claim leaves out required information, it may send a written notice of insufficiency within 20 days after the claim is presented, listing the defects. It then has to wait 15 days before acting on the claim (Gov. Code § 910.8). Fix the problems and send an amended claim right away.
If the City does not send that notice, it generally waives defenses based on those defects. The exception is a claim with no address at all for you or for notices (Gov. Code § 911). The California Supreme Court applied these rules in Phillips v. Desert Hospital Dist., where a letter that left out the amount of damages still counted as a claim because the public entity never sent a notice of insufficiency.
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The 45 days the City has to act
The City must act on a claim within 45 days after it is presented (Gov. Code § 912.4(a)). The City’s own code says the same thing: a claim not acted on within 45 days, or a longer period allowed by state law, is deemed rejected (LAAC § 5.169).
The 45 days can be extended by written agreement made before the period ends, or after it ends if no lawsuit has been filed and the time to sue has not run (§ 912.4(b)). If the City does nothing, the claim is deemed rejected on the last day of the period (§ 912.4(c)).
You cannot sue until the City acts on the claim or it is deemed rejected (Gov. Code § 945.4). That rule cuts both ways. Filing a lawsuit on day 30 because you are tired of waiting can hurt the case, so wait for a decision or for day 45.
The decision and the six-month warning
For a city, the options are to reject the claim, allow it, allow part and reject the rest, or compromise it. If the City allows or compromises, it can require you to accept the amount as full settlement. Payment in annual installments, up to 10, is allowed only if you agree in writing (Gov. Code § 912.6).
If the City rejects the claim in whole or in part, the written notice must include this warning (Gov. Code § 913):
“Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately.”
The six months run from the mailing date or the date it was handed to you, not the day it reached you (Gov. Code § 945.6(a)(1)). The extra days the law sometimes adds for mail do not apply to this deadline (Gov. Code § 915.2(b)). Keep the envelope. What to do next is on our claim denied page.
If no letter ever comes
If the City never sends a written notice that meets section 913, you generally have two years from the date the claim accrued to file suit (Gov. Code § 945.6(a)(2)). Accrual is usually the injury date (Gov. Code § 901). Time covered by an agreed extension is not counted toward the two years. Do not treat the two years as a cushion. If a written rejection arrives later, ask a lawyer right away which deadline applies, and plan around the shorter one.
Timeline after you file
| When | What happens | Law |
|---|---|---|
| Day 0 | Claim presented to the City Clerk; claim number issued | LAAC § 5.169 |
| By day 20 | City may send a notice of insufficiency listing defects | § 910.8 |
| 15 days after that notice | Earliest the City may act on a claim it called insufficient | § 910.8 |
| Day 45 | City must act; silence means deemed rejected | § 912.4 |
| Written rejection mailed or delivered | Six months to file a lawsuit begins | § 913; § 945.6(a)(1) |
| No written notice | Generally two years from accrual to sue | § 945.6(a)(2) |
Who approves a settlement and how it gets paid
If the City accepts liability, the adjuster makes an offer. If you accept, you sign a Release Agreement and the City Controller issues the payment. The City Attorney says that, with some exceptions, the City is self-insured (City Attorney, Claims).
Larger amounts need more approvals. Under the City’s settlement ordinance and Charter (LAAC § 5.173; Charter § 273), as we read them:
| Amount | Who approves |
|---|---|
| Up to $50,000 | City Attorney, subject to the Mayor’s approval, which the Mayor may delegate to the City Attorney |
| $50,001 to $100,000 (lawsuits and judgments) | City Attorney with Claims Board approval (Mayor, Council President and City Attorney, or their designees) |
| Claims over $50,000; lawsuits and judgments over $100,000 | City Council, subject to Mayor’s veto and a two-thirds override |
The ordinance treats pre-lawsuit claims and lawsuits differently above $50,000, so the path depends on where the case is. Council approvals are public. In April 2026, for example, a $250,000 settlement over a street sign that fell on a person in North Hollywood went to the Council on a Budget and Finance Committee recommendation (Council File 26-0400). For what drives the amount, see how much the City pays.
What to do while you wait
- Send the documents listed on our documents checklist with your claim number.
- Write two dates on your calendar now: day 45 after filing, and two years from the injury. Add the six-month date as soon as any rejection letter arrives.
- Keep getting medical care and keep every bill.
- Answer the adjuster’s questions in writing when you can, and keep copies.
- Check progress with the Claims Section. See how to check your claim status.
- Talk to a lawyer before you accept any offer or sign a release.
Related pages
- Claim against the City of Los Angeles: full guide
- City of LA claim status
- City of LA claim denied: what to do
- Documents checklist
- City of LA claim deadline
- How much does the City pay?
- Do you have six months to claim against a city vehicle?
- How lawyers calculate settlement value
Common questions
What happens after a tort claim is filed with the City of Los Angeles?
The City Clerk issues a claim number and sends the claim to the City Attorney’s Claims Section. An investigator or adjuster reviews it, asks for documents, and the City then accepts or denies liability. By law the City has 45 days to act.
How long does the City of Los Angeles have to respond to a claim?
45 days after the claim is presented (Gov. Code § 912.4). The time can be extended by written agreement. If the City does nothing, the claim is deemed rejected on the last day of the period.
What if my claim is missing information?
The City may send a written notice of insufficiency within 20 days listing the defects, and must wait 15 days before acting (Gov. Code § 910.8). If it sends no notice, it generally waives defenses based on those defects (Gov. Code § 911).
How long do I have to sue after the City denies my claim?
Generally six months from the date the written denial was mailed or personally delivered (Gov. Code § 945.6). The extra days the law adds for mail do not apply. If the City never sends a proper written notice, the deadline is generally two years from when the claim accrued.
Can I sue the City before the 45 days are up?
Generally no. Gov. Code § 945.4 bars a lawsuit until the City has acted on the claim or it has been deemed rejected. Wait for a written decision or for day 45.
Who approves a settlement with the City of Los Angeles?
Under LAAC § 5.173, the City Attorney can settle up to $50,000 with the Mayor’s approval, which may be delegated. Lawsuits between $50,000 and $100,000 need the Claims Board. Claims over $50,000 and lawsuits over $100,000 go to the City Council.
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Sources
- Cal. Gov. Code § 901
- Cal. Gov. Code § 910.8
- Cal. Gov. Code § 911
- Cal. Gov. Code § 912.4
- Cal. Gov. Code § 912.6
- Cal. Gov. Code § 913
- Cal. Gov. Code § 915.2
- Cal. Gov. Code § 945.4
- Cal. Gov. Code § 945.6
- Phillips v. Desert Hospital Dist. (1989) 49 Cal.3d 699
- Los Angeles Administrative Code § 5.169
- Los Angeles Administrative Code § 5.173
- Los Angeles City Charter § 273
- Los Angeles City Council File 26-0400 (Apr. 2026)
- Los Angeles City Attorney, Claims
- Los Angeles City Clerk, File a Claim
- City of Los Angeles claims portal
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. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.