Personal injury lawyer in Marin County: courts, claims and local rules

We handle personal injury cases from car crashes and falls to elder abuse and wrongful death. This page lists the Marin County offices and rules those cases most often involve, each taken from the official source listed at the end. For our home county, see personal injury cases in Sonoma County.

What happens after an injury in Marin County, step by step?

1. Get medical care and report what happened. On a road the CHP covers, its Marin Area office takes the report; inside a city or town, the local police may take it instead.
2. Request the report once it is ready. A CHP report can be requested in person at any CHP office, by mail or online, and the drivers, the people injured and the owners are entitled to it (Vehicle Code 20012).
3. If a public entity may be responsible, such as the County, one of its districts, a town or a transit agency, present a written claim to it within six months (Government Code 911.2).
4. Give the entity time to answer. It has 45 days to act, and if it does nothing the claim is treated as rejected (Government Code 912.4).
5. File a lawsuit if one is needed: within six months after a written rejection of a public entity claim (Government Code 945.6), or generally within two years of the injury for a claim against a private person or business (Code of Civil Procedure 335.1).

Which offices handle an injury case in Marin County?

Where is an injury lawsuit filed in Marin County?

For an injury or a death, the superior court of the county where the injury happened, or where a defendant lives, is a proper court (Code of Civil Procedure 395). For an injury in Marin County, that includes the Marin County Superior Court, 3501 Civic Center Drive, San Rafael, whose main line is (415) 444-7000.

The court's Civil office is in the Hall of Justice at the Civic Center, Room 113, (415) 444-7040, open 8:00 AM to noon and 1:00 PM to 4:00 PM. The court's Alternative Dispute Resolution office works from the same room and phone line, and civil ex parte appearances have their own line, (415) 444-7044. Small claims, which hears cases brought by individuals for $12,500 or less (Code of Civil Procedure 116.221), is also in Room 113, at (415) 444-7130. The court's local rules on service, discovery and settlement conferences are explained in our guide to what to expect at Marin County Superior Court in a personal injury case.

The court offers free all-day parking; for general parking, drive north on Civic Center Drive from North San Pedro Road and turn left onto Peter Behr Drive. If you come by train, SMART's Marin Civic Center station is at 3801 Civic Center Drive, and Marin Transit's on-demand Connect shuttle serves that station.

Who takes the crash report in Marin County?

Inside a city or town, the local police may take the report. In Novato, for example, the police department says it responds only to injury collisions and to hit-and-runs with injuries or suspect leads, as our page on personal injury cases in Novato explains. The CHP's Marin Area office, at 53 San Clemente Drive in Corte Madera, lists Marin County among the counties it serves 24 hours a day. According to the CHP, a copy of a CHP crash report can be requested in person at any CHP office, by mail, or online. If you were involved and disagree with part of the report, you can write a supplemental statement giving the report number, your name and the specific items you disagree with, and bring or mail it to any CHP office; the CHP advises against calling the investigating officer directly.

Vehicle Code 20012 sets who may get the full report, including the drivers, the people injured and the vehicle owners. Our guide on how crash reports are requested from the CHP and city police explains the rules. After a hit-and-run, your own uninsured motorist coverage requires a report within 24 hours to the police of the city where it happened or, outside city limits, to the sheriff or the CHP (Insurance Code 11580.2); see what to do after a hit-and-run in Sonoma or Marin County.

How do I make an injury claim against the County of Marin?

The County takes claims on its own form, and it lists separate forms for two districts: the Marin County Flood Control and Water Conservation District and the Marin County Open Space District. An injury on an open space trail also raises the immunities explained in our guide on falls on a trail or in a park in Sonoma or Marin County. Print, complete and sign the right form, add any pages you need, and deliver it by mail or in person to the Clerk of the Board of Supervisors, 3501 Civic Center Drive, Room 329, San Rafael.

For an injury, the claim is due within six months (Government Code 911.2). The entity then has 45 days to act; if it does nothing, the claim is treated as rejected (Government Code 912.4). After a written rejection, a lawsuit generally must be filed within six months (Government Code 945.6).

Cities and towns take their own claims. San Rafael's City Clerk accepts a claim in person or by mail, or it can be filed electronically, and the City says an outside adjuster reviews it. The City Clerk's hours and the San Rafael police report options are on our page about personal injury cases in San Rafael. Our guide on how to file an injury claim against a city, county or the State walks through each step. A fall on a broken walkway has its own rules, explained in who is responsible for a sidewalk trip and fall in Sonoma or Marin. So does a collision with a county truck or a bus, covered in crashes involving a public vehicle or a dangerous road.

Who investigates a death in Marin County?

Since January 3, 2011, the coroner's work in Marin has been done by the Sheriff's Office Coroner Division, which investigates deaths that meet the criteria in Government Code 27491. Its office at 1600 Los Gamos Drive, Suite 205, San Rafael, is open to the public Monday to Friday, 8:00 AM to noon and 1:00 PM to 4:00 PM. The Division asks families to request a copy of a coroner report by email and to call ahead before collecting property. Our wrongful death page explains the claim a family may have. Timing is covered in how long a family has to file a wrongful death claim.

Where do we report abuse or neglect of an older adult in Marin?

Marin County Adult Protective Services responds to reports of suspected abuse, neglect, exploitation and self-neglect of adults 60 and older and of dependent adults 18 to 59. Its hotline is 415-473-2774, and reports that do not involve physical or sexual abuse and do not need immediate attention can also be made online. The County says reports that meet its criteria are assigned to a social worker who responds within 24 hours or 10 calendar days. If someone is in immediate danger, call 911.

For concerns in a long-term care facility, the County refers people to the Long-Term Care Ombudsman. Complaints about a licensed health facility, such as a skilled nursing facility, go to the California Department of Public Health's Santa Rosa office, which serves Marin, Sonoma, Napa, Mendocino, Humboldt, Lake and Del Norte counties. Our nursing home abuse and neglect page explains when a civil claim is possible. The extra remedies are covered in what California's Elder Abuse Act adds to a claim.

Does Marin have its own e-bike rules?

Yes, for class 2 e-bikes. The Marin Electric Bicycle Safety Pilot Program (Vehicle Code 21214.5) lets the County, for unincorporated areas, and each city or town in Marin adopt an ordinance or resolution that bars riders under 16 from class 2 e-bikes, requires class 2 riders to wear a helmet, or both. After a rule's first 60 days, a violation is a $25 infraction. The program ends on January 1, 2029, and a county that adopts a rule must report on it to the Legislature by January 1, 2028. Whether a rule applies depends on the town or area where the ride happened. Our guide on e-bike crashes in Sonoma or Marin explains how the class, age and helmet rules can affect an injury claim.

For riders and walkers hurt in a crash, our pedestrian and bicycle accidents page explains the claims available.

What do state crash numbers show for Marin County?

The California Office of Traffic Safety ranks all 58 counties statewide, counting every crash on every road within county limits. Here are Marin County's 2023 figures, with an average population of 254,743:

In these rankings, 1 means the highest, or worst. Marin was first of 58 counties for young bicyclists killed or injured and second for pedestrians 65 and older, even though its overall rank sits near the bottom. The Office of Traffic Safety says rankings are only indicators of possible problems and should be read with local circumstances in mind.

What changes the answer in a Marin case?

Who owns the place or the vehicle. The County, its Flood Control and Water Conservation District and its Open Space District each take claims on their own form, and each city or town takes its own claims. A claim against a public entity cannot become a lawsuit until it has been presented and acted on or rejected (Government Code 945.4).

Where the ride or walk happened. Marin's class 2 e-bike rules exist only in a town, or in the unincorporated County, that adopted an ordinance or resolution under Vehicle Code 21214.5.

Whether the other driver stayed. For an unknown driver, uninsured motorist coverage depends on physical contact, a report within 24 hours and a sworn statement to your insurer within 30 days (Insurance Code 11580.2). Our guide on how uninsured and underinsured motorist coverage works explains the rest of that claim.

The injured person's age. The time limit for most claims does not run while the injured person is a minor (Code of Civil Procedure 352(a)), but that pause does not apply to a claim that must first be presented to a public entity (Code of Civil Procedure 352(b)).

Whether someone died. The coroner's investigation, any criminal case and the family's own claim all run separately. Our guide on what a family can recover in a wrongful death case lists the damages the law allows.

What could this look like? An example

For example, imagine a 72-year-old walker who is hit by a turning car while crossing a street in a Marin town. The driver stops, and the town's police take the report. A week later, the family notices that the crossing's warning light had not worked for months.

Two claims may now be in play. The claim against the driver follows the usual two-year limit (Code of Civil Procedure 335.1). If the town owns the crossing, a written claim must reach the town within six months (Government Code 911.2), and the town then has 45 days to act (Government Code 912.4). If the driver's insurance is too small for the injuries, the walker's own underinsured motorist coverage may also matter. This example is made up to show how the Marin steps fit together; a real case depends on its own facts.

What mistakes do people make after an injury in Marin?

• Sending a claim about a trail or a flood channel on the general County form, when the County lists separate forms for its Open Space District and its Flood Control District.
• Waiting for an insurance adjuster's answer before presenting a claim to a public entity, while the six-month clock keeps running.
• Phoning the CHP officer to dispute a report instead of filing the supplemental statement the CHP asks for.
• Assuming an e-bike age or helmet rule applies everywhere in Marin, when each town decides for itself.
• Reporting a hit-and-run days later, which can cost the uninsured motorist claim.
• Telling only the facility about concerns for a nursing home resident. The County points those concerns to the Long-Term Care Ombudsman, and our week-one plan for suspected nursing home neglect lists the other offices to call.

What should I do this week?

1. Write down the date, the time and the exact place, including the town or unincorporated area.
2. Get the report number from the agency that responded, and request the report when it is ready.
3. Photograph the scene, the hazard and the vehicles, and keep damaged clothing, helmets or bikes as they are.
4. Ask each medical provider in writing for your records; providers must send copies within 15 days of the request (Health and Safety Code 123110).
5. If a public road, trail, bus or building is involved, write the six-month claim date on your calendar today.
6. Do not sign a release or give a recorded statement to the other side's insurer before you understand your claim.

Questions Marin County clients ask

Every guide below applies to injuries in Marin County. They are grouped by the kind of case.

Any injury case

• How long an injury case takes, from claim to trial.
• What to bring to a first meeting with an injury lawyer.
• What comes out of a settlement before you are paid.
• How pain and suffering is valued.
• Injury claims for children, deadlines and court approval.
• How long you have to file a personal injury claim, including the six-month rule for public agencies

After a crash

• What to do after a hit-and-run in Sonoma or Marin County.
• Uninsured and underinsured motorist claims.
• How a brain injury is proven and valued.
• Reporting a crash to the DMV, the 10-day SR-1.
• Pain and suffering when you were uninsured.
• How long the insurer has to respond.
• Who pays medical bills during a claim.
• Several drivers at fault.
• Your insurance or the other driver's.
• Rideshare crashes and insurance.
• Drunk-driving crashes and the bar or winery.
• Hurt in a crash while working.
• Rear-end collisions and fault.
• Right of way at intersections.
• The driver's employer or the car's owner.
• Not wearing a seat belt.

Claims against public agencies

• Filing an injury claim against a city, county or the State in Sonoma or Marin County.
• Crashes with a county vehicle, public bus or dangerous road.
• Falls on a trail or in a park in Sonoma or Marin County.
• What makes public property legally dangerous.
• Who is responsible when a child is hurt on a playground.

Falls and dangerous property

• Sidewalk trips in Sonoma or Marin County: the city or the property owner.
• Proving the owner knew about a spill or hazard.
• Whether you can still recover when the hazard was obvious or marked with a sign.
• What a trivial defect is.
• How a building code violation can help prove a stair fall case.
• How a claim works after a fall at a friend's or relative's home.
• How to prepare for a deposition in a premises case.
• What affects the value of a slip and fall claim.
• Who is responsible when an apartment balcony or exterior stair collapses.
• Who is responsible for a pool injury or drowning.

When a family member has died

• Who can bring a wrongful death claim.
• Wrongful death deadlines.
• Whether probate is needed for a death claim.
• What a family can recover.
• How a wrongful death settlement is divided.
• The death of a child.
• Pain before death and the 2026 change.
• Whether a claim has value when the person who died was retired or had no income.
• Whether a family can still bring a claim if their loved one was partly at fault.
• What happens when the person who caused the death also died.
• Who pays funeral costs after a wrongful death.
• A family member who died at work.

Older adults and care facilities

• What the Elder Abuse Act adds to a claim.
• What changed in 2026 when a care facility destroys or alters records.
• Whether an arbitration agreement signed at admission stops a lawsuit.
• Whether a fall at an assisted living facility is neglect.
• Whether bedsores are a sign of nursing home neglect.
• How a family can recover money taken from an elder.
• How long a family has to bring an elder abuse claim.
• Who regulates nursing homes and assisted living.
• What a residents' rights claim against a nursing home is.
• When a resident with dementia wanders from memory care.
• Whether a nursing home can sedate a resident without consent.
• Abuse by an in-home caregiver.
• What to do when a relative misuses a power of attorney or trust.
• Bringing an elder abuse claim after a parent has died.
• When a parent is hurt by another resident.

Other kinds of injury cases

• How long you have to sue for defamation.
• The anti-SLAPP fee risk in a defamation case.
• Demanding a correction from a newspaper or broadcaster.
• Emotional distress without a physical injury.
• Suing over intimate images shared without consent.
• When a business used your name or photo.
• What must happen in the first week after a construction site injury.
• When a general contractor or owner is responsible for a subcontractor's worker.
• Whether a Cal/OSHA citation helps an injury case.
• Who is responsible for a fall from a scaffold, ladder or roof.
• Whether you can be fired for filing a workers' comp claim.
• Who is responsible when a construction site injures someone walking or driving by.
• When a bar, store or apartment owner is responsible for an assault on its property.
• Suing for domestic violence in California.
• Whether workers' comp is your only option after an assault at work.
• When an employer is responsible for its employee's attack.
• Manufacturing defect, design defect or failure to warn.
• Suing the store or seller that sold a defective product.
• When the deadline starts for a product injury that shows up later.
• A defective car part as the cause of a crash claim.
• Suing the maker of a defective machine that injured you at work.
• Punitive damages against a manufacturer.
• The 30-day demand letter.
• Consumer fraud deadlines.
• Extra protections for seniors.
• What counts as false advertising.

Pedestrians and cyclists

• When a driver must yield to a pedestrian.
• Who is at fault when a car hits a cyclist.
• How e-bike class, age and helmet rules affect a claim.
• Who is responsible for an e-scooter injury.
• Who is responsible when a car hits you in a parking lot.
• Being hit while walking at night.
• Whether your own car insurance helps when an uninsured driver hits you on foot.

Frequently asked questions about Marin injury cases

Can I sue in Sonoma County for a crash that happened in Marin?

Sometimes. For an injury, both the county where it happened and the county where a defendant lives are proper places to file (Code of Civil Procedure 395). If the driver lives in Sonoma County, see what to expect at Sonoma County Superior Court.

Does the six-month rule apply to towns as well as the County?

Yes. The six months applies to an injury claim against any public entity (Government Code 911.2). A claim to a town may be delivered or mailed to its clerk (Government Code 915).

How do I get a copy of a coroner report in Marin?

The Sheriff's Office Coroner Division asks families to request a copy by email. It also asks people to call (415) 473-6043 before coming in for reports or property.

Do I need a lawyer to file a claim against the County of Marin?

No. A claim may be presented by the person making it or by someone acting for them, and it must give the facts Government Code 910 lists, such as the date, place and circumstances and a description of the injury. Many people still ask a lawyer to review it, because a claim that leaves something out can lose time.

Can I use small claims court for a minor injury in Marin?

An individual can bring a small claims case for $12,500 or less (Code of Civil Procedure 116.221). Marin's small claims office is in Room 113 of the Hall of Justice, (415) 444-7130.

Are Marin's crash numbers higher than Sonoma County's?

Not in total. In 2023, 1,323 people were killed or injured in Marin crashes, ranking 49th of 58 counties, while Sonoma County counted 2,438, ranking 26th. Marin's ranks for young bicyclists and older pedestrians are what stand out.

Who will I work with?

Our office is at 315 East Cotati Avenue, Cotati, and the phone is (707) 343-0556. Our team is led by Eric Young, who has represented seriously injured people since 1997. For the deadlines that apply anywhere in California, start with how long you have to file a personal injury claim. For referral and legal aid services, see our list of legal resources for Northern California residents.

If you or a loved one has been injured in Marin County, contact Young Law Group today at (707) 343-0556 or through our contact page to schedule your free consultation and learn how we can help.

Sources

• Code of Civil Procedure section 335.1 (two years for most injury claims)
• Code of Civil Procedure section 352 (minors)
• Government Code section 910 (what a claim must contain)
• Government Code section 915 (how a claim is presented to a local public entity)
• Government Code section 945.4 (no lawsuit until the claim is acted on)
• Health and Safety Code section 123110 (copies of medical records)
• California Office of Traffic Safety: Sonoma County crash rankings, 2023
• Superior Court of California, County of Marin: contact us (Civil, ADR and small claims offices)
• Code of Civil Procedure section 395 (where an injury case may be filed)
• Code of Civil Procedure section 116.221 (small claims limit for individuals)
• SMART (Sonoma-Marin Area Rail Transit): stations
• California Highway Patrol: Marin Area office
• Vehicle Code section 20012 (who may get a crash report)
• Insurance Code section 11580.2 (hit-and-run reporting for uninsured motorist claims)
• County of Marin: file a claim against the County
• City of San Rafael: claim for damages
• Government Code section 911.2 (six-month claim to a public entity)
• Government Code section 912.4 (45 days for the entity to act)
• Government Code section 945.6 (time to sue after a claim is rejected)
• Marin County Sheriff's Office: Coroner Division
• Government Code section 27491 (deaths the coroner investigates)
• County of Marin: report elder abuse or neglect (Adult Protective Services)
• California Department of Aging: services in Marin County (Long-Term Care Ombudsman)
• California Department of Public Health: Licensing and Certification district offices
• Vehicle Code section 21214.5 (Marin Electric Bicycle Safety Pilot Program)
• California Office of Traffic Safety: Marin County crash rankings, 2023
• California Office of Traffic Safety: how the crash rankings work