Most of an auto accident claim works the same way whoever caused the crash: medical care, the report, proof of fault and losses. This guide covers what is different when a government vehicle or public road is involved.
How does a claim against a public agency work, step by step?
- Identify the agency. Write down the name on the vehicle, any unit or bus number, and the road or intersection. Ownership decides where the claim goes.
- Collect the evidence early. Photograph the road and get the crash report; our guide on how to get the crash report in Sonoma County lists each records office.
- Present a written claim within six months to each public entity that may be responsible (Government Code 911.2), with the information Government Code 910 requires.
- Wait for the decision. The entity has 45 days to act, and if it does nothing, the claim is treated as rejected (Government Code 912.4).
- File the lawsuit on time. After a written rejection notice, the lawsuit is due within six months of the date the notice was delivered or mailed (Government Code 945.6).
- Prove the case. For a public driver, the same proof of negligence as any crash; for a road, the dangerous condition test explained below.
Who counts as a public entity?
California's definition is broad. "Public entity" includes the State, the University of California and California State University, every county and city, and any district, public authority, public agency or other political subdivision (Government Code 811.2). A bus run by a city, a county or a transit district, a county sheriff's patrol car and a state highway all lead back to a public entity.
One consequence surprises people: a vehicle owned by a state or a political subdivision, or one of its agencies, never counts as an "uninsured motor vehicle" (Insurance Code 11580.2(b)). Your own uninsured motorist coverage generally does not step in for a government vehicle, so the claim against the public entity is often the main path. Our guide on how uninsured and underinsured motorist coverage works explains that coverage.
When is the public entity responsible for its driver?
A public entity is liable for death or injury caused by a negligent or wrongful act or omission of its employee in operating any motor vehicle, when the employee was acting within the scope of employment (Vehicle Code 17001). More generally, a public entity is liable for an employee's act or omission on the job when the employee could have been sued for it personally (Government Code 815.2). A public entity cannot be made to pay punitive damages (Government Code 818).
When is a road legally "dangerous"?
A road or other public property is in a "dangerous condition" when it creates a substantial risk of injury, as opposed to a minor, trivial or insignificant one, when it is used with due care in a reasonably foreseeable way (Government Code 830). To hold the public entity liable, Government Code section 835 requires all of the following:
| What must be shown | Government Code |
|---|---|
| The property was in a dangerous condition when the crash happened. | 835 |
| The dangerous condition caused the injury. | 835 |
| The condition created a reasonably foreseeable risk of the kind of injury that happened. | 835 |
| Either a public employee created the condition on the job, or the entity knew or should have known about it in time to repair it, guard against it or warn of it. | 835(a) and (b); 830(b) |
There are limits. A court can rule that a defect was too minor to be dangerous as a matter of law (Government Code 830.2), and a public entity is generally not liable for an injury caused by a road's plan or design when that design was approved in advance by an official body with authority to approve it, under the conditions in Government Code section 830.6. That is why photos of the road as it looked that day, and any record of earlier complaints or crashes, matter so much. Each element of that test is explained in our guide on what makes public property legally dangerous in California.
"Should have known" has its own test. The entity had constructive notice only if the condition existed long enough, and was obvious enough, that the entity should have discovered it with due care. Evidence can include whether a reasonably adequate inspection system would have found it, and whether the entity ran its inspection system with due care (Government Code 835.2).
Where do I file the claim in Sonoma or Marin County?
| Who is responsible | Where the claim goes |
|---|---|
| County of Sonoma (a county vehicle, a county road) | Clerk of the Board of Supervisors, 575 Administration Drive, Suite 100A, Santa Rosa, by U.S. mail or in person. Risk Management investigates. |
| County of Marin | Clerk of the Board of Supervisors, 3501 Civic Center Drive, Room 329, San Rafael, by mail or in person. The Marin County Flood Control and Water Conservation District and the Marin County Open Space District have their own claim forms. |
| Caltrans (a state highway), death or injury claims of $12,500 or less | Directly to Caltrans on its claim form. Sonoma and Marin are in District 4: District 4 Claim Office, P.O. Box 23660, Oakland, CA 94623-0660. |
| Caltrans claims over $12,500, or any other State agency | The Department of General Services' Government Claims Program, online or on its paper form. |
| A city, or a city-run bus | That city, by delivery or mail to its clerk or governing body (Government Code 915). Each city has its own form; for example, Cotati's claims go through the Office of City Manager and City Clerk. |
Whichever entity it is, the claim must give your name and mailing address, where notices should go, the date, place and circumstances of the crash, a general description of the injuries and losses, the names of the public employees involved if you know them, and either the amount claimed (if under $10,000) or whether the case would be a limited civil case (Government Code 910).
If you are not sure who owns the vehicle or road, find out quickly, and consider presenting a claim to each entity that may be responsible. Our step-by-step guide on how to file an injury claim against a city, county or the State covers what the claim must say. The County of Sonoma's claims office appears with the other county offices on our page for injury cases in Sonoma County. For Marin, see our page on injury cases in Marin County. Each city page on this site, such as our Santa Rosa page, names that city's claims office.
What are the deadlines?
| Step | Deadline | Government Code |
|---|---|---|
| Present the written claim for injury or death | Within 6 months | 911.2 |
| Missed the 6 months: apply for permission to present a late claim | Within a reasonable time, no later than 1 year, with the reason for the delay | 911.4 |
| The entity acts on the claim | Within 45 days, or the claim is treated as rejected | 912.4 |
| No lawsuit until the claim is acted on or treated as rejected | Applies to every claim | 945.4 |
| File the lawsuit after a written rejection notice | Within 6 months of the notice being delivered or mailed; 2 years if no written notice is given | 945.6 |
For how these deadlines fit with the rest, see how long you have to file a personal injury claim in California.
What changes the answer?
An emergency vehicle on an emergency call. The public employee driving an authorized emergency vehicle is not personally liable while responding to an emergency call or in immediate pursuit of a suspected violator (Vehicle Code 17004). That rule protects the employee; whether the agency itself answers depends on the other statutes on this page.
A police chase. A crash caused by a fleeing driver can bring in a special immunity: an agency that adopts a written pursuit policy meeting the statute's standards, trains its officers on it every year and has them certify they read it is immune from liability for injuries caused by the vehicle being pursued (Vehicle Code 17004.7).
A missing warning sign. A public entity is generally not liable for failing to provide traffic or warning signals, signs or markings. It can still be liable when a warning was needed for a dangerous condition that a careful driver would not see or expect (Government Code 830.8).
A natural condition of unimproved land. A public entity is not liable for an injury caused by a natural condition of unimproved public property, such as a natural hillside or creek (Government Code 831.2).
You were on foot or on a bike. The same rules apply to a pothole or broken pavement that throws a cyclist or trips a walker, as our page on pedestrian and bicycle accidents explains. For a walker, see also our guide to sidewalk trips and falls in Sonoma or Marin.
Someone died. The six-month claim applies to death claims too, and the family's claim follows the steps in our guide on how long a family has to file a wrongful death claim.
What could this look like? An example
For example, imagine a driver on a county road near Penngrove who swerves around a deep pothole on a curve at night, leaves the road and is hurt. Neighbors say the pothole had been there for months, and two of them had reported it.
The road is County-maintained, so the claim goes to the Clerk of the Board of Supervisors in Santa Rosa within six months. The claim would need to show a dangerous condition, that it caused the crash, that the risk was foreseeable, and that the County knew or should have known in time to fix it or warn; the neighbors' reports and the time the pothole existed would bear on notice under Government Code 835.2. If the County rejects the claim in writing, the lawsuit clock is six months from that notice. This example is made up to show how the rules apply; it predicts nothing about a real case.
What mistakes do people make?
- Treating it like any other crash and waiting past six months.
- Sending the claim to the city when the County or Caltrans owns the road, or the reverse.
- Leaving out required details, such as an address for notices, which can cause problems with the claim.
- Waiting for the road to be repaired before photographing it.
- Assuming uninsured motorist coverage will pay when the vehicle was government-owned.
- Ignoring a rejection letter, which starts the six-month lawsuit clock.
What should I do this week?
- Write down the agency name on the vehicle, any unit or bus number, and the driver's name.
- Get the crash report number and the responding agency.
- Photograph the road: potholes, missing signs, broken signals, faded markings and sight lines, from several distances.
- Note any past complaint, news item or neighbor who knew of the problem.
- Keep medical records and bills, and mark the date six months from the crash.
- Find out who owns the road or vehicle; if it is unclear, prepare claims to each possible entity.
Frequently asked questions
Can I sue the bus driver personally?
A public employee can be liable for their own acts on the job, and the employer generally answers for them (Government Code 815.2), but a lawsuit against either still requires the written claim first (Government Code 945.4).
Does the public agency pay punitive damages?
No. A public entity is not liable for punitive damages (Government Code 818).
What if I do not know who maintains the road?
Present a claim to each entity that may be responsible within six months. Cities, the County and Caltrans each handle their own roads.
Does the claim need a dollar amount?
Only if the claim is under $10,000. Otherwise it states whether the case would be a limited civil case (Government Code 910).
What if the crash involved a state highway?
Caltrans takes death or injury claims of $12,500 or less directly; larger claims go to the Department of General Services' Government Claims Program.
Where is the lawsuit filed?
Usually in the superior court of the county where the injury happened. Our guide to what to expect at Sonoma County Superior Court in an injury case covers the court's steps.
If you or a loved one was hurt in a crash involving a public vehicle or a dangerous road, 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
- Government Code section 811.2 (what a public entity is)
- Insurance Code section 11580.2 (government vehicles are not uninsured motor vehicles)
- Vehicle Code section 17001 (public entity liability for its employees' driving)
- Government Code section 815.2 (public entity liability for employees)
- Government Code section 818 (no punitive damages against a public entity)
- Government Code section 830 (what a dangerous condition is)
- Government Code section 835 (liability for a dangerous condition of public property)
- Government Code section 830.2 (minor defects)
- Government Code section 830.6 (approved plan or design)
- Government Code section 831.2 (natural conditions of unimproved public property)
- Government Code section 835.2 (actual and constructive notice)
- Vehicle Code section 17004 (emergency vehicle drivers)
- Vehicle Code section 17004.7 (police pursuit policies)
- Government Code section 910 (what a claim must include)
- Government Code section 915 (how a claim is presented)
- Government Code section 911.2 (six-month claim)
- Government Code section 911.4 (late claims)
- Government Code section 912.4 (45 days for the entity to act)
- Government Code section 945.4 (no lawsuit before the claim is decided)
- Government Code section 945.6 (time to sue after a claim is rejected)
- County of Sonoma: how to file a claim against the County
- County of Marin: file a claim against the County
- Caltrans: submit a damage claim
- Department of General Services: Government Claims Program, file a claim against the State
- City of Cotati: Office of City Manager and City Clerk (claims)
- Government Code section 830.8 (traffic and warning signs)
