When victims are hurt by the actions of a government employee, perhaps being struck by a Caltrans truck, they can file a claim against the agency responsible. However, the deadline for filing is shorter than in a normal car accident.
In most cases, victims would need to formally inform the government department involved within just 6 months or lose their chance to get help with recovery costs.
However, the California Government Code (GOV) does offer a way for accident victims who miss this deadline to file for an extension and sometimes earn more time to present a claim.
- When a claim that is required by Section 911.2 to be presented not later than six months after the accrual of the cause of action is not presented within that time, a written application may be made to the public entity for leave to present that claim.
Missing The Deadline After Getting Hit by a Government Vehicle
GOV 815.2 makes it clear that government departments in the state, county, or city can be held liable when their employees cause accidents in the scope of their work duties.
But agencies have special protections from lawsuits that make it harder for victims to win support for recovery expenses and repairs to personal property.
Six Month Deadline: One protection is the short six-month statute of limitations that applies to claims against governmental departments. Victims have just half a year to present their claims to the agency and notify the city of the intention to seek damages. (In normal personal injury cases, victims have up to two years to file claims).
Sadly, victims who miss this deadline often don’t get another chance to file. They can be stuck with their medical bills and their lost paychecks, over an accident they didn’t cause.
Asking for an Extension After a Government Accident
Unfortunately, after a frightening accident and a tough recovery, six months is a very short period for injured victims. In some cases, injured patients don’t even realize they can ask the city for help until it’s too late.
Thankfully, GOV 815.2 provides one way to seek a second chance.
Section 911.4 requires the victim to:
- Submit a written application to the government department seeking permission to file after the standard deadline.
- It would need to explain why the filing was delayed.
- The claim itself should be included. This describes the accident in detail, with evidence included. It also includes a list of the things the victim expects to be compensated, receipts, and how much they are expecting in support.
Note: This extension isn’t guaranteed. Government agencies would assess the request and either approve or deny it. In some cases, victims who are denied another chance can seek help from California Superior Court.
What’s the Deadline for Seeking a Second Chance
This second chance window also comes with a deadline. Generally, victims have up to one year to seek the extension.
GOV 911.4
(b) The application shall be presented to the public entity as provided in Article 2 (commencing with Section 915) within a reasonable time not to exceed one year after the accrual of the cause of action and shall state the reason for the delay in presenting the claim. The proposed claim shall be attached to the application.
When this one-year deadline starts can depend on a few factors. If the victim is mentally incapacitated by injury for a time, the one-year deadline wouldn’t count that period. Child victims might also receive more time.
See: Other California traffic laws that may determine who is financially responsible.
Why a Lawyer Can Help With Cases Involving the Government
Cases against the government come with a high degree of complexity. If a deadline has been missed, the degree of difficulty only rises.
If you are seriously injured, it’s a great idea to have an experienced California personal injury lawyer handle your case.
A skilled attorney can help you meet all deadlines and convince an unfair government agency to grant you more time if necessary. Your lawyer also helps you complete all paperwork correctly.
And filing will include evidence from a full investigation into your accident, showing who was at fault.
Your Maison Law attorney can take on the government lawyers who will be trying to deny your case. These lawyers can try to blame you for what happened. They may cast doubt on your doctor’s diagnosis of your injuries, simply to get away with paying you less.
More in a Settlement: Your lawyer will have the background to negotiate for much more for your recovery than you could likely win by taking on a city or county yourself.
When You May Need a Lawyer
If you are seriously hurt in an accident, and a government employee was at fault, it’s a good idea to go over your options with a skilled attorney. Your case may be very complex, and you can be denied compensation without any explanation.
Contact Maison Law for a free case consultation as soon as you can. It’s confidential, and it comes with no obligation. There are also no upfront costs if you need to hire a lawyer. We aren’t paid unless we win your case. Then our fee comes out of the settlement the government is forced to provide.