Written and reviewed by Josh Kohanim, Esq., California Bar No. 328609 · Published · Reviewed
In this guide
Government vehicle claims
This page is for people hurt in Southern California by a vehicle owned by, or driven for, a government agency: a city, a county, a transit agency, a school district, the state or the Postal Service. It covers which vehicles count as public, where each claim is presented, the deadlines, the late-claim path, emergency vehicles and the federal rules for mail trucks. It does not cover claims about a dangerous road, or a government employee's own injury at work. If someone died, our guide to fatal commercial vehicle crashes covers the family's claims.
Public and private fleets
Government Code section 811.2 defines a public entity to include the state, a county, a city, a district, a public authority, a public agency, and any other political subdivision or public corporation. Vehicle Code section 17001 makes a public entity liable for death or injury caused by a negligent or wrongful act in the operation of any motor vehicle by its employee acting within the scope of employment. The statute says any motor vehicle, so it is not limited to vehicles the agency owns.
In Los Angeles, the public fleets include Metro, which Public Utilities Code section 130050.2 created as the Los Angeles County Metropolitan Transportation Authority. They include City of Los Angeles departments such as LA Sanitation, the Department of Water and Power and the Department of Transportation, the Los Angeles Unified School District, the County, and state agencies such as Caltrans and the CHP.
Some trucks that serve the City are private. LA Sanitation's recycLA program page describes a public-private partnership in which six exclusive private service providers collect from commercial, industrial and multifamily properties of five or more units. A truck from one of those companies, such as Republic Services or Waste Management, is a private company's vehicle. The two-year deadline in Code of Civil Procedure section 335.1 applies to it, and no government claim is needed against it. A residential curbside truck in the City is usually LA Sanitation's, which means a claim to the City.
Vehicle Code section 17000 says the employees a public entity answers for under section 17001 do not include an independent contractor. When a private company may have run a bus or truck for a public agency, present the claim to the agency within six months anyway, then sort out the operator. Our post on the Metro six-month claim explains why.
| Vehicle | Usually stands behind it | First step | Deadline |
|---|---|---|---|
| Metro bus or train | LA Metro, a public authority | Claim for Damages to Metro | 6 months |
| LA Sanitation curbside truck | City of Los Angeles | Claim to the City Clerk | 6 months |
| LADWP or LADOT vehicle | City of Los Angeles | Claim to the City Clerk | 6 months |
| recycLA commercial or apartment hauler | A private franchise company | Claim to its insurer, then suit | 2 years |
| LAUSD vehicle | Los Angeles Unified School District | Claim to the Board of Education | 6 months |
| Sheriff or county public works vehicle | County of Los Angeles | Claim to the Board of Supervisors | 6 months |
| Long Beach city vehicle | City of Long Beach | Claim to the City Clerk | 6 months |
| Caltrans or CHP vehicle | State of California | Government Claims Program | 6 months |
| USPS truck with a postal driver | United States | SF-95 to the Postal Service | 2 years |
| Mail truck run by a contractor | Usually the contractor | Claim to its insurer, then suit | 2 years |
Claim deadlines for public agencies
No one may sue a California public entity for money until a written claim has been presented and acted on, or deemed rejected, under Government Code section 945.4. The steps that follow are set by statute. A cause of action accrues when the right to sue arises, which after a crash is usually the day of the crash.
| Step | Deadline | Source |
|---|---|---|
| Present a written claim for injury, death or damage to personal property | 6 months after the cause of action accrues | Gov. Code 911.2(a) |
| Agency acts, or the claim is deemed rejected | 45 days, unless extended by written agreement | Gov. Code 912.4 |
| Sue after a written rejection notice | 6 months from delivery or mailing of the notice | Gov. Code 945.6 |
| Sue if no written notice was given | 2 years from accrual | Gov. Code 945.6 |
| Apply for leave to present a late claim | A reasonable time, no more than 1 year after accrual | Gov. Code 911.4 |
| Petition the court after that application is denied | 6 months after the denial | Gov. Code 946.6 |
Section 910 lists what the claim must show: the claimant's name and address, where notices should go, the date, place and circumstances, a general description of the injury, and the names of the public employees involved if known. It states a dollar amount only if the claim totals less than $10,000. Above that, it states no amount and says only whether the case would be a limited civil case. A child's claim runs on the same six months, because Code of Civil Procedure section 352(b) keeps the usual pause for minors from applying to claims against public entities.
Southern California claim offices
Each agency names its own office and its own methods. Government Code section 915 lets a claim to a local agency be delivered or mailed to its clerk, secretary or auditor, or mailed to its governing body. Electronic filing counts only where the agency has authorized it by ordinance or resolution. A claim against the state goes to the Department of General Services.
| Agency | Where the claim goes | How | Official page |
|---|---|---|---|
| City of Los Angeles | Office of the City Clerk, 200 N. Spring St., Room 395, Los Angeles 90012 | Online portal, mail or in person; no email or fax | City Clerk |
| County of Los Angeles | Executive Officer, Board of Supervisors, Attention: Claims, 500 W. Temple St., Room 383, Los Angeles 90012 | Mail or delivery | Board of Supervisors |
| LA Metro | LACMTA Legal Services, One Gateway Plaza, MS: PL4, Los Angeles 90012 | Mail by USPS, FedEx or UPS, or in person; email is rejected | Metro Legal Services |
| LAUSD | Executive Officer of the Board of Education, 333 S. Beaudry Ave., 24th Floor, Los Angeles 90017 | Mail, as the district's form directs | District claim form |
| City of Long Beach | City Clerk, 411 West Ocean Blvd., Long Beach 90802 | Mail or delivery | City Attorney |
| State of California | Government Claims Program, P.O. Box 989052, MS 414, West Sacramento 95798 | Online, mail or delivery; $25 fee or a waiver request | DGS |
| U.S. Postal Service | Tort Claims Coordinator for the district where the crash happened, any post office, or the National Tort Center | Standard Form 95 or other writing with a sum certain | 39 CFR 912 |
After filing, the City of Los Angeles transfers a claim to the City Attorney, and Long Beach sends its claims to the City Attorney's office for a liability claims adjuster. Metro asks for two to three weeks to review a claim and respond on next steps. Caltrans' damage claim page takes claims of $12,500 or less on its own form with no fee, and sends larger claims to the Government Claims Program. For the state, section 911.2(b) treats a claim as presented when it arrives with the $25 fee or a fee waiver request.
Late claim applications
Missing the six months is not always the end of a claim. Section 911.4 allows a written application to the agency for leave to present a late claim. It must come within a reasonable time, no more than one year after the cause of action accrued, state the reason for the delay and attach the proposed claim. Time while the injured person was a minor counts toward that year.
Section 911.6 requires the agency to grant the application in listed situations: mistake, inadvertence, surprise or excusable neglect that did not prejudice the agency; the injured person was a minor during the six months, subject to timing rules; physical or mental incapacity; or the injured person died within the six months. The agency has 45 days to decide, and silence counts as a denial. After a denial, section 946.6 allows six months to petition the superior court, and a lawsuit within 30 days of an order granting relief. Each step is narrower than the one before, so the original six months is the date to plan around.
Emergency vehicles
A police car or fire engine on an emergency call changes who can be sued, not whether the agency can be. Vehicle Code section 17004 makes the public employee immune when operating an authorized emergency vehicle in the line of duty while responding to an emergency call, pursuing an actual or suspected violator, or responding to, but not returning from, a fire alarm or other emergency call. In Brummett v. County of Sacramento (1978) 21 Cal.3d 880, the Supreme Court held that section 17004 gives only an employee immunity, and that section 17001 still makes the public entity liable.
One statute narrows that rule for police chases. Under section 17004.7, an agency that adopts a qualifying written pursuit policy and provides annual training is immune from damages caused by the vehicle of a suspect being pursued. A collision with the police car itself is a separate question from a collision with the car being chased.
Reports and insurance for public vehicles
Two everyday rules work differently with a government vehicle. Drivers normally report a crash with injury, death or more than $1,000 in property damage to the DMV within 10 days. Vehicle Code section 16000(b) says no report is required when the vehicle was owned or leased by, or under the direction of, the United States, the state, another state or a local agency.
Insurance Code section 11580.2 defines an uninsured motor vehicle to exclude one owned by the United States, a state or a political subdivision, or an agency of any of them. Your own uninsured motorist coverage therefore does not step in on the ground that the government vehicle carried no insurance. A public entity also does not pay punitive damages, under Government Code section 818. Our guide to whose insurance pays covers the rest of the coverage picture.
Postal Service and federal vehicles
A mail truck crash is a claim against the United States. 39 U.S.C. section 409(c) applies the federal tort claims statutes to the Postal Service. 28 U.S.C. section 1346(b)(1) sends the case to federal court and makes the government liable as a private person would be under the law of the place where the crash happened. For a California crash, California law decides fault and damages.
The claim comes first. 28 U.S.C. section 2675 bars a lawsuit until the claim has been presented and finally denied in writing, and lets the claimant treat six months without a decision as a denial. Under the Postal Service's rule at 39 CFR 912.5, a claim is presented when the Postal Service receives a Standard Form 95 or other written notice with a claim for money in a sum certain, meaning a specific dollar amount. A later lawsuit cannot ask for more than that amount except for newly discovered evidence or intervening facts, so the number on the form matters.
| Rule | What it means | Source |
|---|---|---|
| Claim within two years | Presented in writing to the agency | 28 U.S.C. 2401(b) |
| Sum certain | The dollar amount on the claim caps the lawsuit | 28 U.S.C. 2675(b) |
| Six months to decide | Silence may be treated as a denial | 28 U.S.C. 2675(a) |
| Suit within six months of a denial | Counted from the date the denial is mailed | 28 U.S.C. 2401(b) |
| No jury | A federal judge decides the case | 28 U.S.C. 2402 |
| No punitive damages or prejudgment interest | Compensatory damages only | 28 U.S.C. 2674 |
| Attorney fee caps | 20 percent of an administrative settlement, 25 percent after suit | 28 U.S.C. 2678 |
| Driver not personally liable | The federal employee in scope cannot be sued | 28 U.S.C. 2679(b)(1) |
Rural carriers who deliver in their own cars are still postal employees. 39 U.S.C. section 1001(b) places Postal Service officers and employees in the civil service. Whether the carrier was within the scope of employment can still be disputed. In Blais v. United States (8th Cir. 2022) 37 F.4th 502, a rural carrier who had finished his route and was driving home was held outside the scope of employment under Minnesota law, and the federal claim was dismissed. When scope is in doubt, we present the federal claim within two years and also protect the two-year state deadline against the driver.
A mail truck run by a contractor is different. 28 U.S.C. section 2671 says a federal agency "does not include any contractor with the United States." A 2005 Postal Bulletin told tort claims coordinators not to pay claims for accidents where the vehicle "was operated by an independent contractor, such as a highway contract route carrier." A claim against a contractor's truck usually runs against the contractor and its insurer under state law. A military or other federal agency vehicle follows the same federal statute, and the claim goes to the agency that employs the driver.
Exceptions and edge cases
- A public employee drove a personal car on a work errand. Section 17001 covers any motor vehicle an employee operates within the scope of employment, so the agency claim may still apply alongside the employee's own insurance.
- The injured person is a child. The six months still runs under section 352(b). Minority is one of the grounds on which the agency must grant a timely late-claim application.
- Someone died. The family's claim against a California agency is due within six months after it accrues, and a federal claim within two years. Our fatal crash guide covers who may file.
- The markings do not show who operated the vehicle. Photograph every marking and read the police report. Our guide to finding the company behind the vehicle shows what to look for.
Next steps after the crash
If a government or postal vehicle hit you, the first step is a written claim to the right office, not a lawsuit. For a California agency, that claim is due within six months. For the Postal Service, it is due within two years and must state a dollar amount. We identify the agency, present the claim and calendar every date after it. The commercial vehicle accident page explains the rest of the case, our guide to evidence after a commercial vehicle crash covers the records, and our Metro claim post walks through Metro's form.
Tell us the date and the vehicle. We will tell you which office gets the claim. No fee unless we recover.
Sources cited
- Government Code sections 811.2, 818, 910, 911.2, 911.4, 911.6, 912.4, 915, 945.4, 945.6 and 946.6
- Vehicle Code sections 16000, 17000, 17001, 17004 and 17004.7
- Code of Civil Procedure sections 335.1 and 352; Insurance Code section 11580.2; Public Utilities Code section 130050.2
- 28 U.S.C. sections 1346, 2401, 2402, 2671, 2674, 2675, 2678 and 2679, and 39 U.S.C. sections 409 and 1001, on govinfo.gov; 39 CFR Part 912
- Brummett v. County of Sacramento (1978), Caselaw Access Project; Blais v. United States (2022), CourtListener; USPS Postal Bulletin 22170 (2005)
- Claim pages: City Clerk, County, Metro, LAUSD, Long Beach, DGS, Caltrans; recycLA