California government injury claims: present the written claim

A claim relating to death or injury to a person generally must be presented to a California public entity not later than six months after it accrues (Government Code § 911.2(a)). That is the clock people mean for a city crash in Santa Clarita — a City of Santa Clarita vehicle, a County of Los Angeles issue, Caltrans, a school district, or public transit. Generally you cannot sue that entity for money or damages unless a written claim was presented and rejected (Gov. Code § 945.4). The entity generally has 45 days to act (Gov. Code § 912.4). After that, the lawsuit deadline is two-track under Gov. Code § 945.6 — not always six months after rejection. This page is how to present the claim. It is general information, not advice about your facts.

This page is the presentment steps, for when a public entity may already be in the facts. It does not compare every California injury calendar. A private-party crash and a job injury run on different rules; if a public entity is in the facts, presentment is the process that usually needs attention first.

Lloyd Lee Law in Valencia reviews personal injury matters that can include government-claim issues for people in Santa Clarita, Valencia, and Los Angeles County.

Step 1: Identify the public entity — not “the government”

“The government” is not an entity you can serve. Present to the public entity actually in the facts.

Local examples, depending on the facts:

City of Santa Clarita — a city street, a city vehicle, city property, a city employee acting in that capacity.
County of Los Angeles — a county road, county property, a county agency or employee.
Caltrans — a state highway issue, including parts of I-5 or SR-14 that are state highway.
A school district — a district vehicle, campus, or employee.
Public transit — a transit agency vehicle or property.

Those are illustrations, not a finding about any crash. Two entities can be in play. A Santa Clarita surface street is not the same as I-5. A city police response does not, by itself, make the crash a city-liability claim.

Ask, at a high level: who owned or maintained the location; who employed the other driver, if that person was working; whose vehicle or property is in the photos. If you cannot tell, do not guess an entity just to mail something. Get the official name from the report, the vehicle markings, or a confidential review. Presenting to the wrong entity is not the same as presenting to the right one.

Step 2: Use that entity’s official claim process

Each public entity has its own instructions — a portal, a paper form, a clerk, or a claims department. This page does not publish a claim-form URL, mailing address, or fax number. Those change, and a wrong address is a missed presentment.

Find that entity’s official website (City of Santa Clarita, County of Los Angeles, Caltrans, the school district, the transit agency). Use the page for filing a claim against that entity — often labeled “file a claim” or “claims against the city.” Follow the current form, portal, and delivery method it names. If that official page is unclear, call the number on the same page and ask how a personal-injury claim is presented. Keep the date, the person, and what you were told.

Do not substitute a social-media message, a police report, or an insurance call. Government Code § 945.4 generally provides that you may not sue a public entity for money or damages unless a written claim was presented and rejected.

Step 3: Follow the official form — do not invent an amount

The entity’s official claim form or portal will typically ask who you are, how to reach you, the date and place, what happened, and the injury. Follow that form. This page does not replace it, and it does not recast a claim statute as a checklist.

If the form asks for a dollar amount, follow its instructions. This page will not invent a number.

Write facts, not slogans. “Southbound I-5, date, a marked city vehicle, neck pain, emergency visit” is more useful than a theory of the case.

Attach what you already have if the process allows it: photos, a report number, a discharge summary. Do not wait for a complete medical file if waiting would put you past presentment. Keep a complete copy and proof of how and when you presented it — portal confirmation, stamped copy, or delivery receipt.

Step 4: Timing for presentment

A claim relating to death or injury to person generally must be presented not later than six months after accrual (Government Code § 911.2(a)). Accrual is a legal question; do not read the anniversary off this page.

If that period has already passed, Government Code § 911.4 provides for late-claim applications, generally capped at one year from accrual. That is a narrow, facts-dependent path — not a promise of relief. Present on time if you still can.

Step 5: The entity generally has 45 days to act

Government Code § 912.4: the public entity generally has 45 days to act. Inaction can be deemed a rejection. Put a reminder on your own calendar from the date of presentment. Watch the mail and the portal you used. Silence is not permission to wait forever.

Step 6: After rejection — two tracks, not one

Do not treat government cases as “always six months after rejection.” Government Code § 945.6 is two-track:

If a written rejection notice is served — personally delivered or mailed — a lawsuit is often due within six months of that service (§ 945.6(a)(1)).
If written notice is not given, the lawsuit period can be two years from accrual (§ 945.6(a)(2)).

Which track you are on depends on whether written notice was given, and how it was served. Keep the envelope, the notice, and the date. If you received nothing in writing, that fact matters too.

What this office can review

If you want this office to look at which entity appears to be involved, whether presentment is still open, or what you already sent, start a confidential review. Bring the date, the location (Valencia, Newhall, Canyon Country, Stevenson Ranch, I-5, SR-14), any report number, and a copy of anything already presented.

Lloyd Lee is a California attorney, licensed 2011, State Bar #276453. Meetings are by appointment at 25050 Ave Kearny #107, Valencia, CA. The site chat is advertising, not a lawyer.

FAQ

Does a police report count as the claim?
Generally no. A written claim must be presented under the government-claims process. A report can be a useful record. It is not a substitute for presentment.

General information about California law. Not legal advice. Not about any one case. No attorney-client relationship until a written agreement is signed. This page is attorney advertising.

Lloyd Lee Law · 25050 Ave Kearny #107, Valencia, CA · (661) 480-2420 · lloydleelaw.com

If you want this office to look at the facts: start a confidential review at lloydleelaw.com or call (661) 480-2420.