Six-Month Claim Deadline After a City Truck Rear-Ends You

Attorney Answer

A claim against a city runs on a deadline far shorter than the ordinary two years, and because two firms have already handled this file, the most urgent thing is to find out in writing whether the government claim was actually presented and what the city did with it. That single fact controls almost everything else.

Government Code § 911.2(a) requires a claim relating to a cause of action for death or for injury to person or to personal property to be presented to the public entity not later than six months after the cause of action accrues. It is a presentation requirement, not a lawsuit — a written claim delivered to the entity — and it comes before any court case. It is the shortest deadline in California accident practice, and missing it is the way these claims are lost. A late-claim application exists under Cal. Gov't Code § 911.4, which allows it within a reasonable time and in no event more than one year after the cause of action accrued, and Cal. Gov't Code § 946.6 allows a petition to the superior court for relief where that application is denied. Whether either is available on your facts is exactly the kind of question that needs a lawyer looking at your actual file, not a general page.

On fault, Vehicle 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 vehicle struck from behind after completing a turn puts that question on the following driver. As a passenger, your own care is not in issue. Where a public employee was driving in the course of the job, the entity can be answerable for that driving — the specific rule governing a public entity's responsibility for its employee is one to have a local attorney state precisely for your case.

Switching lawyers does not reset any of these deadlines. They run from the accident, not from the day a new firm opened a file. If a deadline was missed while the claim was with a prior firm, Code of Civil Procedure § 340.6(a) is the provision that governs a claim against an attorney for a wrongful act or omission: one year after the claimant discovers, or with reasonable diligence should have discovered, the facts, or four years from the act or omission, whichever comes first. That is a short clock too, and it starts on discovery — which is another reason to establish the facts now rather than later.

What you can do

1. Ask your current firm, in writing, for the date the government claim was presented to the city, a copy of the claim as filed, and the city's written response. Ask for a written answer, not a phone call.

2. Ask the prior firm for a copy of your complete file, including their correspondence with the city and its insurer.

3. Keep everything you already have: the collision report or report number, the medical records and bills, and any letter from the city or its claims administrator.

4. If your current firm cannot tell you when the claim was presented, ask a local attorney to review the file promptly — both the government-claim question and the § 340.6 clock turn on when you learned the facts.

5. Do not sign anything that closes or releases the claim until you know where the government claim stands.

6. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts with a local attorney is worth more than any general guidance, including this page.

⏱ Time limits apply. Because a public entity is involved, Government Code § 911.2(a)'s six-month presentation deadline is the controlling one, and it is far shorter than Code of Civil Procedure § 335.1's two years for an ordinary injury action. Any claim against a lawyer over the handling of the file runs on Code of Civil Procedure § 340.6(a) instead. Which of those is live, and where each one falls, depends on facts a page cannot see. Have a local attorney confirm the dates from your actual file — do not calculate them yourself.