Crashes Involving an MTS Bus or Government Vehicle in San Diego
Disclaimer: The information provided in this article is for general informational and educational purposes only. It is not intended to constitute legal advice and does not create an attorney-client relationship. Statutes of limitations and legal rights can vary based on specific facts and circumstances. The information contained herein can change due to changes in the law. You should not rely on this information without consulting a qualified attorney about your particular situation.
A crash with an MTS bus, a city truck, or another government vehicle follows different rules than an ordinary car accident — and the most important difference is time. If you were hurt, you may have only six months to act, not the usual two years.
The 6-month deadline that catches people off guard
Before you can sue a public entity in California, you generally must file a formal written claim with that entity within six months of the incident under the Government Claims Act (Government Code section 911.2). Miss that window and you can lose the right to recover entirely. This short deadline surprises many injured people who assume they have years to file.
Who counts as a ‘government entity’
- The San Diego Metropolitan Transit System (MTS) and its buses and trolleys.
- City and county vehicles, including police, fire, and public works.
- State agencies such as Caltrans.
- Public school and transit district vehicles.
Sometimes it is not obvious if the party that caused the accident or harm is a government entity. As such it is extremely important to consult with an attorney to determine the identity of the party.
How government claims differ from regular accident claims
The California Government Claims Act process
You must submit a claim with specific required information to the correct entity. The government then has time to accept or reject it. Only after the claim is rejected (or deemed rejected) can you file a lawsuit — and a separate, shorter deadline may then apply. The process is technical, and small mistakes can be fatal to a claim.
What happens after you file (and if the claim is denied)
If the entity rejects your claim, you typically have six months from the rejection notice to file suit. If they do not respond, different timelines apply. Because these rules are strict and unforgiving, getting legal help early is especially important in government cases.
Damages caps and special rules
Claims against public entities can involve immunities and special defenses not present in private cases. An experienced attorney identifies which rules apply, preserves evidence quickly (bus footage and records can be overwritten), and ensures every procedural step is met.
Why acting fast is critical
Evidence in transit cases — onboard cameras, maintenance logs, driver records — can disappear quickly, and the six-month claim clock is running from the day of the crash. The sooner you involve a lawyer, the better your chances of preserving both the evidence and your right to recover.
Frequently Asked Questions
How long do I have to sue the government after an accident in California?
You generally must file a formal claim within six months of the incident under the Government Claims Act. If it is rejected, you typically have six more months to file suit.
Can I sue MTS for a bus accident?
Yes, but you must first file a timely government claim within six months and follow the Government Claims Act procedure before you can sue.
What is the government claim deadline in California?
Six months from the date of injury for most personal injury and wrongful death claims against a public entity, under Government Code 911.2.
How do I file a claim against a city in California?
You submit a written claim with the required details to the correct public entity within the deadline. Because the rules are technical, many people have an attorney prepare it.
What happens if I miss the 6-month claim deadline?
You may lose the right to recover. In limited cases you can apply for late-claim relief, but it is not guaranteed, so acting within six months is critical.
Talk to a San Diego Attorney — Free Consultation
Tan Ngo Law Firm helps San Diego clients with accident and collision claims and related matters. Consultations are free and you pay nothing unless we win. Call 1-760-230-9562 or request a free case evaluation online.
