28 U.S.C. 2675 generally requires presenting a Federal Tort Claims Act claim to the appropriate federal agency before suing. Presentment is an administrative prerequisite, not merely notice that an incident happened. A police report or complaint letter may omit required claim information. [1]
Rules that determine the answer
Agency regulations require sufficient incident information and a sum-certain damages demand. A written final denial generally opens the next stage; after six months without final disposition, the claimant may elect to treat the inaction as a denial. Section 2401(b) generally imposes two years for agency presentment and six months after mailed final denial for suit. [1] [2]
Standard Form 95 is commonly used. The amount sought in court generally cannot exceed the administrative demand unless the statutory newly discovered evidence or intervening-facts exception applies. FTCA exceptions can defeat an otherwise timely claim.
What to check before taking the next step
- Identify the responsible federal agency and submit a signed claim with a specific dollar demand and supporting facts.
- Collect incident reports, medical bills, property estimates, damages calculations, and proof of agency receipt.
A distinction that changes the result
The six-month agency inaction rule is an option to proceed, not a statement that every claim is automatically approved or permanently denied at six months. A written final denial carries different consequences because it can start the lawsuit deadline under section 2401(b). Keep the complete denial and mailing evidence. Sending the claim close to the two-year presentment deadline creates risk if the wrong office receives it or the demand is incomplete; confirm the appropriate agency and actual receipt rather than relying only on a postmark. [1] [2]
Practical example
A claimant sends photographs but no monetary demand. That submission may fail to establish valid presentment even though it clearly describes the accident.
For related situations, see options after habeas denial and transfer or dismissal for improper venue.
Primary sources
Sources checked: October 31, 2026.