Six-month claims against a city or the county

A wreck in Canyon Crest can involve more than another private driver. A city bus, a county truck, a public-works vehicle, or a claimed defect in a public street can put a public entity in the case. When that happens, California generally requires a written claim before a lawsuit. Government Code section 911.2 is the main deadline section. For a claim relating to a death, an injury to a person, an injury to personal property, or an injury to growing crops, the claim must reach the entity within six months after accrual. Other claims have a one-year presentation period.

That six-month window is much shorter than the usual two-year period in Code of Civil Procedure section 335.1 for an ordinary injury or death lawsuit against a private defendant. The written claim is a separate duty. Presenting it does not file the lawsuit, and filing a lawsuit later does not excuse a missed claim. The official courts self-help page on government claims is a plain-language companion to the statutes. Use the official claim instructions of the city, county, or state entity involved, rather than a generic form that may not match that entity.

Section 911.2 also addresses a filing fee for certain claims presented to the Department of General Services. Subdivision (b) states a $25 fee in that setting. Ask the entity where the claim is being presented what it requires, including any fee, any extra copy, and any address or portal named on its official page. The $25 figure belongs to the Department of General Services setting described in that subdivision. It is not a universal local city fee. Keep a dated copy of whatever was sent and whatever was received.

If the six-month window was missed, Government Code section 911.4 allows an application to present a late claim, within a reasonable time, and not beyond one year after the claim accrued, on the terms that section states. A late-claim application is not a promise that the entity will accept the claim, and it is not an extra year to sit on the facts. The official section sets both the reasonable-time idea and the one-year outer limit. Read it promptly if the six-month date has already passed.

The lawsuit clock after a government claim is also its own section. Under Government Code section 945.6, if the entity gives a notice under section 913, a suit generally must be started no later than six months after that notice was handed over in person or placed in the mail. If no section 913 notice is given, the suit generally must be started within two years from when the cause of action accrued. The self-help page also notes that an agency has 45 days to respond, and that if there is no response a person generally has up to two years from the date of injury to start a case. Those figures work together. They are not a reason to ignore the earlier six-month claim window.

Code of Civil Procedure section 352 can, in other settings, keep the time of minority or lack of legal capacity from counting against a filing period. Subdivision (b) says that this does not apply to a claim or suit aimed at a public entity or public employee when the Government Claims Act’s claim-presentation requirements apply. A child hurt in a wreck that involves a public entity can therefore still face the short claim window. Do not assume that being under 18 automatically pauses a 911.2 deadline.

Use the entity’s current official claim instructions for the address and the method, rather than an unofficial street or a generic form. A wreck on a city street, a wreck that involves a county vehicle, and a wreck that involves a state highway or a state vehicle may each belong to a different entity. Present the claim to the entity that is actually involved, and confirm the method on that entity’s page. If more than one public entity may be involved, do not wait to sort out every detail before the six-month date, because each entity can have its own presentation path.

A claimed street defect, a missing sign, or a signal problem is still a fact-specific theory. The six-month clock does not wait until an engineer later studies the intersection, and it does not wait until a crash report arrives if that report is delayed. Put the wreck date and the six-month date on a checklist in the first week, even while you are still requesting the report and collecting bills and photographs. If the entity later sends an acknowledgment or a 913 notice, add that date to the same list.

Living in Canyon Crest, or paying a local tax bill, does not by itself identify the entity that must receive the claim. The location of the wreck, the vehicle that was involved, and the official instructions of that entity are what matter. If you are unsure whether the street is a city street or a state highway, ask the agency that handled the crash report, and still treat the six-month date as firm until you know the claim is in the right office.

Shared fault, several liability under Civil Code section 1431.2, and coverage questions under a private policy still matter after the claim is presented. They do not extend the six months. Get the crash report, send an SR-1 when section 16000 requires it, and put the wreck date, the claim-presentation date, any 913 notice date, and the two-year or six-month suit date on one checklist. Treat this as a local briefing. Get advice on your own facts rather than relying on this briefing alone.