What are the specific steps for resolving a claim if I am involved in an accident with a government vehicle in California?
To resolve a claim involving a government vehicle in California, you must first file a formal administrative claim with the responsible government agency within six months of the accident. This is a required step before you can file a lawsuit.
Here are the specific steps to take:
Step 1: Document Everything at the Scene
Immediately after the accident, call 911 to request police and medical assistance. Obtain a police report number. Take photos of the accident scene, vehicle damage, and any visible injuries. Get the name of the government driver, their department or agency, and the vehicle's license plate and unit number.
Step 2: Identify the Responsible Government Agency
Determine which government entity owns the vehicle and employs the driver. It could be a state agency (like Caltrans or CHP), a county (like the Sheriff's Department), a city (like the police or sanitation department), or a special district. This is critical because you must file your claim with the correct entity.
Step 3: Obtain and Complete the Claim Form
You must use the specific "Claim for Damages" form provided by the responsible agency. You can usually find this form on the agency's website (e.g., search "City of [City Name] claim form") or by calling the agency's clerk or risk management office. The form will ask for your contact information, the date and location of the incident, a description of the accident, a list of your damages and injuries, and the total dollar amount you are claiming, as required by California Government Code Section 910.
Step 4: File the Claim Before the Deadline
You must personally deliver or mail the completed claim form to the correct agency office within six months of the date of the accident for personal injury and property damage claims. This deadline, outlined in Government Code Section 911.2, is extremely strict. Missing it will likely prevent you from ever recovering money for your damages.
Step 5: Await a Response
The government agency has 45 days to respond to your claim. They may accept it and offer a settlement, reject it in writing, or fail to respond, which is treated as a rejection.
Important Details and Nuances:
Filing this government claim is not the same as filing a claim with your own insurance company; you must do both. The information required on the claim form is specific, and any errors could cause your claim to be rejected. Be as detailed as possible when describing the incident and your damages.
Warnings and Limitations:
The six-month deadline is the most common reason these claims fail. Do not wait to gather all your medical bills before filing; you can state that damages are ongoing and amend the amount later if necessary. The rules for suing a government entity are complex and unforgiving.
This is general information and does not constitute legal advice. For complex situations, especially those involving serious injuries, consult with a qualified California attorney who specializes in government tort claims.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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