What Happens When a Government Vehicle Hits You in California?
A city bus clips your mirror. A county truck backs into your door. A police cruiser runs a light. California makes public entities answerable for this: Vehicle Code section 17001 says a public entity is liable for injury to person or property caused by an employee's negligent or wrongful act in operating a motor vehicle within the scope of employment. The catch is the process, which runs on its own deadlines.
What the law requires of you at the scene
- Stop, and exchange names, addresses, driver's license numbers, VINs, the registered owner's address and insurance details with the other driver (Vehicle Code 16025).
- If anyone is hurt, give your details, show your license on request and help get the injured person to medical care (Vehicle Code 20003).
- File an SR 1 with the DMV within 10 days if anyone was injured or killed or any one person's property damage exceeds $1,000, whoever caused it (Vehicle Code 16000).
The steps, in order
- Identify the agency. Note the vehicle number, the agency name on the door, the driver's name and the plate. City, county, transit district, school district and state vehicles all follow the California Government Code. A federal vehicle, such as a postal truck, follows federal claim procedures instead; ask the agency which form applies.
- Tell your own insurer the same day. If you carry collision, your insurer can repair the car now, less your deductible, and pursue the agency for what it paid.
- Get the agency's claim form. A claim against a local agency is delivered or mailed to its clerk, secretary or auditor, or to its governing body; a claim against the state goes to the Department of General Services.
- Present it within six months. Government Code section 911.2 sets six months from the accident for injury to a person or to personal property. Your car is personal property.
- Keep proof of the date. Send it in a way that shows when it was delivered, and keep a full copy.
What happens after you file
| When | What happens |
|---|---|
| Day 0 | The crash. Exchange information and photograph the vehicle number. |
| Within 10 days | Your SR 1 to the DMV, if the accident meets the threshold. |
| Within 6 months | Your written claim presented to the agency. |
| Within 45 days of filing | The agency's board must act. Silence counts as a rejection on day 45 (section 912.4). |
| 6 months after a written rejection | The deadline to file suit (section 945.6). With no written notice, generally two years from the accident. |
You cannot skip ahead. Section 945.4 bars a lawsuit for money damages against a public entity until a written claim has been presented and acted on, or deemed rejected. Who contacts you in the meantime varies: commonly the agency's risk management office or a claims administrator working for it.
What can go wrong
- Missing six months. If you do, section 911.4 allows a written application for leave to present a late claim, made within a reasonable time not exceeding one year and stating the reason for the delay. It is a request, not a right.
- Counting on your UM. Insurance Code section 11580.2 excludes vehicles owned by a state, a political subdivision or their agencies from the definition of an uninsured motor vehicle. Your UM will not stand in for the agency.
- Assuming your insurer's claim covers yours. When your insurer pursues the agency, it is recovering its own payment. Your injuries, your deductible and anything else uninsured are yours to claim, on your own deadline.
- The wrong recipient. A claim sent to a field office that never reaches the clerk or board can cost you weeks. Ask for the exact address in writing.
If anyone was hurt, or the amounts are significant, a lawyer early in the six months is worth the call. Want your coverage reviewed so the next crash is simpler? Request a quote and we will walk you through it.
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How long do I have to file a claim against a city in California?
For injury to a person or to personal property, including your car, Government Code section 911.2 requires the claim to be presented within six months of the accident.
Will my uninsured motorist coverage pay if a government vehicle hits me?
No. California's UM statute excludes government-owned vehicles from the definition of an uninsured motor vehicle, so the claim goes to the agency.
What if the agency never answers my claim?
If the board does not act within 45 days, the claim is treated as rejected on the last day of that period. With no written notice, the deadline to sue is generally two years from the accident.
Can my insurer handle the claim against the agency for me?
Your insurer can pursue the agency for what it paid on your collision claim. Your own injury claim and other uninsured losses need their own timely claim.