Where do I file an auto claim against the LA County? I accidentally filed claim against CA State instead.

Asked almost 2 years ago - Los Angeles, CA

7 months ago, I was in auto accident with the LA City Bus. About two months ago, I submitted claim against CA thinking it was a State Bus. However, I was wrong and I received a denial letter. Do I submit he claim to 500 W. Temple St? Also, since the claim must be made within 6 months, should I also add info re fact that I tried to submit claim against State due to inadvertent mistake? Will the LA County reject my claim since 6 months has passed?
Help!

Attorney answers (8)

  1. Adrienne Patricia Allen

    Contributor Level 15

    24

    Lawyers agree

    Answered . You will have to file a Petition For Late Claim ASAP! You can include the fact that you filed with the State by accident with the petition. As far as where, if no one can tell you exactly here on AVVO just call the county andtell them you want to file a claim against the county and they can mail you a form, or you can pick it up. They can also tell you where to file it (with the petition). These petitions are something an attorney should probably do for you. Good luck!

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  2. Norman Gregory Fernandez

    Pro

    Contributor Level 15

    20

    Lawyers agree

    Answered . Most likely it is not a city bus, it is probably an LACMTA bus. You need to verify. You are late so you will have to do a petition to file a late claim which almost always are rejected. The purpose of Government Code 830 and 900 et seq. Is to give notice to a governmental entity of a claim against them and an opportunity to investigate.

    My firm has done many LACMTA cases. This is a prime example who no one should attempt to do their own case without a lawyer. Self represented individuals tend to get themselves a whole lot of a little or nothing, instead of giving up a third of decent settlement to a lawyer. It makes no sense to me why individuals want to try complex PI litigation without a lawyer.

    No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices... more
  3. Sean Michael Patrick

    Contributor Level 17

    18

    Lawyers agree

    Answered . I would get on this ASAP. I believe you can find the appropriate forms online.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  4. Manuel Alzamora Juarez

    Contributor Level 20

    14

    Lawyers agree

    Answered . You may have already blown the Statute of limitations but you may ask for a waiver due to your mistake in filing with another state agency. If for some miracle they allow you to present your claim, hire a PI lawyer in LA and stop pushing your luck. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . Get online fast, and fill out the forms.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  6. Wendy Ha Chau

    Contributor Level 13

    12

    Lawyers agree

    Answered . Agree with the attorneys to try to get a petition for late claims but almost always they will reject it.

    Google is great!
    here is a link to the claims form for LA County:
    http://ceo.lacounty.gov/RMB/pdf/Forms/cms1_0448...

    *Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer... more
  7. Larry Jim Sidiropoulos

    Contributor Level 6

    6

    Lawyers agree

    Answered . As indicated above by some of my collegues your claim is technically late and you will have to file a Petition to Present Late Claim. As such, I would immidiately seek out the advice of a local attorney. Good Luck.

  8. Charles Owen Geerhart

    Contributor Level 7

    5

    Lawyers agree

    Answered . File a Petition For Late Claim-- if agency denies, court would likely grant it.

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