Claim Process After Being Rear-Ended by a Federal Agent

Attorney Answer

If the agent was on duty, your claim is against the United States, and it does not start in court. It starts with a written claim presented to the federal agency, and that step is mandatory — skipping it ends the case regardless of how clear the fault is. California's own government-claim rules do not apply here, and confusing the two is the most common way these claims are lost.

On fault, nothing changes because of who was driving. Cal. Veh. Code § 21703 provides: "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway." A federal agent driving on a freeway is held to the same standard as anyone else.

The process is the difficult part. Under 28 U.S.C. § 2675(a), a claim against the United States for money damages caused by the negligence of a federal employee acting within the scope of employment may not be brought in court until the claim has first been presented to the appropriate federal agency and the agency has finally denied it in writing. The presentment is made on Standard Form 95. Under 28 U.S.C. § 2401(b), there are two years from accrual to present that claim to the agency. Those are not formalities that can be cured later.

Whether this is a federal claim at all turns on scope. If the agent was on duty in a government vehicle when the collision happened, the Federal Tort Claims Act route is the one. If the agent was off duty in a personal vehicle, this is an ordinary California claim against a driver, running on California's ordinary periods, and it would be handled through that driver's own insurance. A page cannot tell which you have. The traffic collision report, the vehicle's registration and the agency's own determination are what settle it, and the answer changes both the deadline and where the claim goes.

One thing to be clear about: Cal. Gov't Code § 911.2(a), the six-month deadline for presenting a claim to a California public entity, governs claims against California cities, counties, districts and the state. It does not apply to a claim against a federal agency. If you were told to file a claim with a California entity here, that advice is aimed at the wrong government.

What you can do

1. Request the traffic collision report from the agency that responded, and note whether the report records the vehicle as a government vehicle and the agent as on duty.

2. Get medical evaluation now if you were hurt at all, and keep every record and bill. Delayed onset is common after a rear-end impact, and gaps in treatment are read against injury claims.

3. Report the collision to your own insurer. Most policies require it, and your own coverages may matter while a federal claim is pending, which can take many months.

4. Photograph both vehicles before any repair, and preserve any dashcam footage immediately.

5. Talk to a local attorney who handles Federal Tort Claims Act matters, and do it soon. Under 28 U.S.C. § 2401(b) there are two years from accrual to present the administrative claim to the agency, and the presentment itself — the form, the recipient agency, and what the claim has to state — is where these cases are lost.

6. Do not sign a release, accept a payment, or give a recorded statement to anyone about the collision before that review.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts with someone who practices in your area is worth more than any general guidance, including this page.

⏱ Time limits apply. For a claim against the United States, 28 U.S.C. § 2401(b) allows two years from accrual to present the administrative claim to the federal agency, and 28 U.S.C. § 2675(a) bars a lawsuit until that claim has been presented and finally denied in writing. If it turns out this is not a federal claim, California's periods govern instead — Cal. Code Civ. Proc. § 335.1's two years for injury or death and Cal. Code Civ. Proc. § 338(c)(1)'s three years for vehicle damage. Which set applies, and where each stands, depends on facts a page cannot see. Have a local attorney review this individually and promptly rather than counting from the calendar yourself.