San Bernardino Claim Deadline — Frequently Asked Questions
I was hit by an Omnitrans bus 5 months ago — is it too late? +
You may still have time — but only barely. The 6-month government tort claim deadline has not passed if your accident was 5 months ago. Call Gonzales Law at 1-888-232-2898 immediately. We can prepare and file the claim expeditiously. Every day of delay increases risk.
My accident was on I-215 — does the 6-month Caltrans rule apply? +
Only if Caltrans was a contributing cause — e.g., a road defect, failed signage, or Caltrans vehicle. If your accident was purely between two private drivers on I-215, the standard 2-year deadline applies. If there's any possibility Caltrans contributed, we evaluate government liability and file the protective claim within 6 months.
My child was injured in the accident. Does the 2-year deadline still apply? +
For private party claims, the statute of limitations is tolled for minors until they turn 18. However, for government tort claims (6-month deadline), a parent or guardian should still file promptly on the child's behalf. Courts have sometimes allowed late filing for minors on government claims, but it's far safer to file on time.
The at-fault driver fled the scene. Does that extend my deadline? +
No — a hit-and-run does not extend the 2-year statute of limitations. You still have 2 years from the accident date. However, if you have Uninsured Motorist coverage, you can file a UM claim with your own insurer. CHP may also identify the driver from camera footage — we pursue all avenues simultaneously.
Can I handle a San Bernardino car accident claim myself?+
You can — but research consistently shows that represented claimants recover 3–4x more than unrepresented claimants, even after attorney fees. Government tort claim procedures, insurer bad faith tactics, and medical lien negotiations are complex. Gonzales Law handles everything on contingency — you pay nothing unless we recover for you.