Six-Month Claim Deadline After a San Diego Bus Accident

After a serious bus crash in San Diego, most people focus on medical care and day‑to‑day recovery—not legal deadlines. But when a public transit agency, city, school district, or other government body is involved, California’s Government Claims Act imposes a strict six‑month deadline that can determine whether you ever get your case heard in court.

This article explains what that six‑month claim deadline is, when it applies in San Diego bus cases, how it fits into the Government Claims Act, and why getting timely legal guidance is critical to protecting your rights.

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What the six-month government claim deadline means

Under California’s Government Claims Act, most personal injury and wrongful death claims against public entities must first go through a special administrative process. If your bus crash involves a public entity, such as the San Diego Metropolitan Transit System or a city‑operated bus, you generally must present a written government claim within six months of the date your claim “accrues” (Gov. Code §§ 905, 911.2(a)).

Claim vs. lawsuit

A government “claim” is not a lawsuit. It is a written notice, served on the correct public entity, that briefly describes:

• Who was injured
• How the incident occurred
• The nature of the damages

Under Government Code section 945.4, you usually cannot file a civil lawsuit in court unless you first timely present this claim and either receive a rejection or the entity fails to act. Alleging compliance with the claim requirements is a prerequisite to suing a public entity. (State of California v. Superior Court (Bodde) (2004) 32 Cal.4th 1234.)

The two key six‑month clocks

There are two separate six‑month time periods you must track:

• Six months from accrual to present the government claim
• Six months from the date of a written rejection notice to file a lawsuit in court

Missing either deadline can bar your case. An experienced attorney can identify the correct public entity, ensure the claim is timely and properly served, and track both six‑month deadlines so your right to sue is preserved.

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Does the six-month rule apply to your bus crash case?

Whether the six‑month government claim deadline applies depends on who owned and operated the bus and who you are making a claim against.

What counts as a “public entity”?

Under California Government Code § 811.2, “public entity” includes the State of California, counties, cities, districts, public authorities, school districts, and local public agencies. In San Diego, this typically includes transit agencies such as:

• Metropolitan Transit System (MTS)
• North County Transit District (NCTD)

If your crash involved a bus operated by one of these public entities, or another governmental body such as a school district, you generally must file a government claim within six months of the date of injury under the Government Claims Act. (Gov. Code §§ 905, 911.2.)

When the six‑month rule does not apply

If the bus was operated by a private company—such as Greyhound, a tour operator, or a private charter service—your claim is usually governed by the standard two‑year statute of limitations for personal injury (Code Civ. Proc. § 335.1), not the six‑month government claim deadline.

Multiple parties, different deadlines

A single bus crash can involve:

• A public transit agency
• A private vehicle driver
• A bus or parts manufacturer
• Maintenance or construction contractors

Each potential defendant may be subject to different deadlines and procedures. An experienced California bus accident attorney can sort out which parties are public or private, track the applicable statutes, and ensure that all required claims are filed on time.

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Identifying which government entity you must file against

After a bus crash in San Diego, you must identify the correct public entity or entities before you can sue. Under the Government Claims Act, a written claim must usually be filed with each potentially liable public entity before a lawsuit can be brought. (Gov. Code §§ 905, 910, 945.4.)

Common public entities in San Diego bus cases

Depending on the bus and roadway involved, responsible entities may include:

• San Diego Metropolitan Transit System (MTS) for most public buses in the City of San Diego and some surrounding areas
• North County Transit District (NCTD) for many buses in North County
• City of San Diego or another city for dangerous intersections, missing signs, or improper signal timing on city streets
• County of San Diego for unsafe conditions on county roads outside city limits
• Local school districts for school buses and their drivers
• Caltrans for dangerous conditions on state highways, freeway ramps, and certain major arterial roads (Gov. Code §§ 830–835, “dangerous condition of public property”)

When multiple entities may share responsibility

Responsibility can overlap, for example:

• An MTS bus crashes at a City of San Diego intersection with a defective signal
• A school bus is involved in a collision on a County‑maintained rural road
• A bus loses control due to a dangerous freeway design or lack of proper guardrails on a Caltrans‑controlled highway

An experienced bus crash attorney can trace the bus route, determine road ownership and control, review maintenance and contract records, and ensure timely claims are filed with every required entity so that no necessary defendant is omitted.

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How to prepare and serve a California government claim

Required contents of the claim

California Government Code § 910 lists what must be included for a claim to be valid. For a bus crash involving a public entity, the written claim typically must state:

• Claimant’s name and current mailing address
• The date, place, and circumstances of the collision
• A description of the injuries and other losses (medical bills, lost income, property damage, etc.)
• The names of public employees involved, if known
• The total amount claimed if it is under $10,000, or a statement that damages exceed $10,000 if the final amount is not yet known

Courts sometimes accept “substantial compliance” if the claim reasonably informs the public entity of the basis of liability and injuries, even if it is not technically perfect. (City of San Jose v. Superior Court (1974) 12 Cal.3d 447.) An attorney can help ensure every injured person is listed, and in fatal crashes, that all heirs and the decedent’s representative are identified.

Proper presentation and service

Under Government Code § 915, a claim must be delivered or mailed to the public entity’s statutorily designated official, such as the clerk, secretary, or auditor, or submitted through an authorized electronic portal, if offered. Handing it to the wrong department or employee may not count as proper service, as emphasized in DiCampli‑Mintz v. County of Santa Clara (2012) 55 Cal.4th 983.

Claims can sometimes be amended under Government Code § 910.6, but deadlines still strictly apply. An experienced lawyer can determine every entity that must be served, coordinate service on each, and document timely, correct delivery.

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What happens after you file: 45-day response and time to sue

The agency’s 45‑day deadline

Once a timely claim is presented to a public bus operator or other government entity, it generally has 45 days to act. Under California Government Code § 912.4, the agency may:

• Accept the claim
• Offer to settle
• Formally reject the claim

If the agency does nothing within 45 days, the claim is usually deemed rejected “by operation of law” at the end of that period. That silent rejection affects how long you have to file a lawsuit, so tracking the exact filing and expiration dates is critical.

Written rejection and the six‑month lawsuit window

If the government sends a written rejection, it must include specific warning language telling you that you have six months to sue in court (Gov. Code § 913).

A proper written rejection triggers a strict six‑month statute of limitations to file a lawsuit, measured from the date the notice is personally delivered or mailed (Gov. Code § 945.6(a)(1); Phillips v. Desert Hospital Dist. (1989) 49 Cal.3d 699).

When there is no written rejection

If no written rejection is ever served, and the original claim was timely, you generally have two years from the date the claim accrued to file suit, under Government Code § 945.6(a)(2). Calculating “accrual,” applying these different time limits, and deciding when to sue are areas where an experienced attorney can interpret the notices, monitor deadlines, and file your case before any statute of limitations expires.

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Missing the six-month deadline and late-claim options

When a San Diego bus accident involves a public entity, missing the six‑month government claim deadline usually ends the case before it starts. Under Government Code § 911.2(a), an injured person or family member must present a written claim to the appropriate public entity within six months of the date the claim accrues. If no timely claim is presented, personal injury or wrongful death lawsuits are generally barred.

Applications to present a late claim

California provides a narrow safety valve for some missed deadlines. An injured person may apply to present a late claim under Government Code § 911.4, but:

• The application itself must be made within one year of the claim’s accrual
• The public entity may grant or deny the application under Government Code § 911.6

Acceptable grounds can include mistake, excusable neglect, minority (being under 18), or physical/mental incapacity, but relief is not automatic.

If the public entity denies the late‑claim application, the claimant may petition the court for relief within six months of the denial, under Government Code § 946.6. Courts have broad discretion and strictly enforce time limits; the California Supreme Court has recognized how harsh these non-tolling rules can be in Shirk v. Vista Unified School Dist. (2007) 42 Cal.4th 201.

An experienced attorney can evaluate whether late‑claim relief is realistically available, gather medical and factual evidence, prepare detailed declarations explaining the delay, and file and argue a petition for relief where the statute allows.

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Special situations: minors, wrongful death, and multiple claimants

Minors and incapacitated adults

California’s six‑month deadline for presenting a government claim after a bus crash (Gov. Code § 911.2) generally applies even if the injured person is a child or an incapacitated adult. There is no automatic tolling of this claim‑presentment period based solely on age or incapacity.

If the six‑month deadline is missed, a parent, guardian, or conservator may seek permission to file a late claim within one year of the incident by showing excusable neglect, minority, or physical/mental incapacity. (Gov. Code §§ 911.4, 911.6.) Courts scrutinize these requests closely, so prompt action and careful documentation are critical.

An attorney can help obtain guardianship or other appropriate authority for a parent or relative, gather medical and school records, and present a persuasive late‑claim application when necessary.

Wrongful death vs. survival actions

When a bus crash is fatal, two distinct categories of claims may exist:

• Wrongful death claims under Code of Civil Procedure § 377.60, brought by eligible heirs (such as spouses, children, or dependent parents) for their own losses, including financial support and companionship
• Survival actions under Code of Civil Procedure § 377.30, brought by the decedent’s personal representative or successor in interest for the decedent’s damages before death, such as medical bills and lost earnings

Both types should be evaluated and, where appropriate, included or referenced in the government claim.

Multiple heirs and injured parties

All known heirs and derivative claimants should be identified in a wrongful death government claim to reduce later disputes over who may share in any recovery. When multiple people are injured in the same bus crash, counsel can:

• Investigate family relationships and heirship
• Coordinate separate injury and wrongful death claims
• Ensure that each claimant’s interests and damages are clearly presented within the government‑claim framework

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Dangerous road conditions, design immunity, and related claims

What is a dangerous condition of public property?

In a San Diego bus crash, the roadway itself can be unsafe, not just the bus driver or vehicle. Under California’s Government Code, a “dangerous condition of public property” is one that creates a substantial risk of injury when the property is used with due care in a reasonably foreseeable manner. (Gov. Code §§ 830(a), 830.2, 835.)

Common roadway problems in bus cases include:

• Defective design of lanes, curves, intersections, or bus stops
• Improper or missing signs, signals, or pavement markings
• Poor sightlines that hide hazards
• Inadequate maintenance, such as vegetation obstructions, debris, or worn striping

To hold a public entity liable, a claimant generally must show: the property was in a dangerous condition; the condition proximately caused the injury; the risk of this kind of injury was reasonably foreseeable; and the entity either created the condition or had notice and time to fix or warn about it. (Gov. Code § 835.)

Design immunity and overcoming defenses

Public entities often assert “design immunity” for injuries arising from approved roadway plans. Under Gov. Code § 830.6 and Cornette v. Dept. of Transportation (2001) 26 Cal.4th 63, an entity can avoid liability if it proves discretionary approval of a reasonable design.

Challenging or narrowing design immunity usually requires:

• Technical experts in traffic engineering and human factors
• Historical design plans, approval records, and as‑built drawings
• Maintenance, collision, and complaint histories showing changed conditions or loss of immunity

When a dangerous road contributed to a bus crash, separate, timely government claims may be required against entities such as Caltrans, the County of San Diego, or the City of San Diego, in addition to claims against the bus operator. A bus accident attorney can coordinate experts, obtain critical records, and frame claims to address anticipated immunity arguments under the Government Claims Act.

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Working with a bus accident attorney to protect your deadlines

Fast action to preserve critical evidence

In bus cases, key evidence can disappear within days. An experienced San Diego bus accident attorney can immediately investigate the crash scene, obtain photos and witness statements, and move to secure time‑sensitive records before they are overwritten or destroyed.

Counsel can send litigation hold and preservation letters to the bus company, public agency, and any contractors to prevent destruction of evidence such as:

• On‑board video and telematics data
• Driver logs, route sheets, and dispatch records
• Maintenance and inspection records
• Internal incident and safety reports
• 911 recordings and CHP or police reports

If necessary, an attorney can seek court orders to preserve or compel production of evidence under the California Code of Civil Procedure.

Tracking Government Claims Act and lawsuit deadlines

When a public entity is involved, California’s Government Claims Act requires a written claim within six months of the injury (Gov. Code §§ 905, 911.2). At the same time, private contractors, drivers, and product manufacturers are usually governed by the standard two‑year statute of limitations.

Counsel can:

• Determine which defendants are public and which are private
• Calendar and file timely government claims
• Prepare and file applications for leave to present a late claim when appropriate (Gov. Code § 911.4)
• Track the 45‑day response period and the resulting lawsuit filing window (Gov. Code §§ 912.4, 945.6)
• Coordinate parallel insurance claims and personal injury suit deadlines

Building and advancing the damages case

A lawyer can organize medical records, bills, and expert evaluations to document injuries, disability, and future care needs. Counsel can negotiate with public entity risk pools and insurers, respond to low offers, and promptly file suit after a claim is rejected, while managing litigation strategy so the injured person can focus on treatment and recovery.

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How the Hulburt Law Firm Can Help

The six‑month government claim deadline after a San Diego bus crash is unforgiving, and the Government Claims Act is full of technical requirements that can catch families off guard. Hulburt Law Firm focuses on serious injury and wrongful death cases, including claims against public transit agencies, cities, school districts, and Caltrans.

If you or a loved one were hurt in a bus crash in San Diego and may be facing these deadlines, do not wait to get individualized legal advice. Visit our San Diego bus accident attorney page to learn more about our bus accident practice, or contact Hulburt Law Firm to request a confidential consultation about your specific timelines, rights, and options.

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Related Reading

• San Diego Bus Accident Claims: Legal Guide