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What is the process for filing a lawsuit against a government entity involved in an accident?

If you were involved in a car accident with a government entity, there are special rules and deadlines you must follow. The process is as follows: 

  • File a government claim
    • Before filing a lawsuit, you must file an administrative claim you believe is responsible for the accident. 
    • In California, you must file within one year of the incident 
    • The claim must include a description of the incident, the damages being claimed, the date, location, and parties involvement, and the amount you are seeking. 
  • Wait for a response
    • Once the claim has been filed, the government has 45 days to respond in which they will either accept the claim and offer a settlement, deny the claim, or do nothing which is treated as a rejection once the time has passed. 
  • File a lawsuit
    • If your claim is denied, you have 6 months from the date of the denial to file a lawsuit. 

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