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You Have Six (6) Months To File A Governement Claim.

Posted by Michael Arellanez | Oct 26, 2021 | 0 Comments

Reports of Dangerous Road Conditions.

According to CBS Los Angles California "...drivers in the Cajon Pass have struggled with slick roads and fogged-up windshields." The poor conditions are due to a recent storm that broke several rain fall records in Southern California as reported by CBS Los Angeles.  In addition, Caltrans District 8 has tweeted about hazards, including flooding, on the roadways and highways of the Inland Empire.  As such, drivers should expect to see Caltrans workers on the roadways and highways doing much needed work.  Further, driving during such conditions is scary at times and can make drivers feel unsafe.  What should drivers be aware of if they are involved in an accident, especially if the accident involves a government agency like Caltrans?

How Much Time Do You Have To File A Claim Against A Government Agency?

When you sue a government agency an administrative claim must be filed with the government office or agency before a complaint is filed in the proper jurisdiction.  For personal injury claims and personal property claims the plaintiff has six (6) months from the occurrence of the wrongful act to file an administrative claim. (Government Code §911.2 and §901.) 

The government office or agency upon presentation of the claim must take an affirmative action within 45 days of the claim's presentation by (1) approving the claim, (2) rejecting the claim, (3) give notice that the claim is insufficient, or (4) reject the claim by doing nothing. (Government Code §912.4 and §912.6.)  However, the 45-day period to respond may be extended by written stipulation between the plaintiff and government. (Government Code §911.4(b).) The different statutory requirements for filing, reexamination, and the ability to request additional information makes filing a government claim very difficult and complex.

A plaintiff would have six (6) months to file a complaint from the mailing date of a written notice of rejection or from the date the written notice of rejection is personally delivered. (Government Code §945.6 and §913.)  If no written notice of rejection is provided the plaintiff would have two (2) years to file a claim. (Government Code §945.6 and §913.)  However, given the complexity of filing a government claim the six-month statute of limitations should be adhered to.  At Arellanez Legal, we have the experience to handle any government claim.

Dislcaimer: The information provided in these pages is not legal advice, and should not be relied on as such. The content on these pages is for informational purposes only, and is meant as a starting point on your search for answers to your legal questions. The law is constantly changing and evolving.We can not guarantee that all information contained in this website is up to date at all times. Therefore, we recommend that you contact an experienced attorney in your area to guide you through your legal matter. 

About the Author

Michael Arellanez

Michael Arellanez (“Michael”) is the founder of Arellanez Legal, a law firm priding itself on client care and advocacy. At Arellanez Legal the client's needs and expectations are of the utmost importance. Michael works with each client to make sure they understand their case and the steps that wi...


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