If you or your client is involved in an auto accident with a government
entity or government employee, the process differs from a regular auto
accident case. An example would be a Department of Water and Power
vehicle rear-ending your client’s car.
There are two statute of limitations periods you must be aware of. First,
you must file a government claim with each public entity you are making a
claim against within six months of the accrual of the cause of action. Even
if you are not ready to submit a demand, you must file a claim form.
Don’t wait until the end of the six months. Government entities are
very slow and inefficient. You don’t want to be in a situation where the
The government claims they never received a claim form. Or they received a
form, but it wasn’t filled out correctly.
Another tip is that sometimes it is not obvious your claim is against a
government entity. You may have to do research.
Also, you must use a specific claim form if the government entity provides
it.
The government agency must respond by accepting or rejecting the claim
within 45 days. You will receive a “right to sue” letter if the claim is
rejected. You have only six months from the date of rejection to file a
lawsuit. Be aware that some government agencies will reject valid claims,
so don’t be discouraged by a rejection.
Public entities tend to be slow and undervalue claims, so litigation is
common.
