here is a clear pattern for most car accidents. Insurance information is
exchanged, policy adjusters are contacted, and the process of filing claims
begins.
What do you do, however, if a cop car suddenly careens by, scratching your
car during the hot pursuit of a criminal? Now you have a car door that needs
repairing, and your Honda Civic ain’t gonna pay for itself.
What are your rights?
Getting into a car accident with a government vehicle changes the rules in
personal injury cases. It’s no longer about just working with your
insurance company; now you have to deal with the government. In many
instances, the law grants certain governmental positions immunity. This
means that the person at fault for the car crash (and any injuries and
property damage caused thereby) may be legally protected from recourse. This
leaves you out of luck.
Enjuris tip:
A government employee might be protected from personal injury suits by
immunity.
The first step to take after a car accident with a government vehicle is to
file your claim as soon as possible.
The government has a shorter statute of limitations working to its advantage
; that is the time window in which to file your case. Once that time is up,
the claim is barred forever. Some states may offer one years, two years,
even six years to file. The government’s statute of limitations is often
180 days.
If you don’t have time to put into finding the right lawyer immediately,
get any lawyer to file your case - literally anyone with a law license. That
will preserve your claim and protect your legal rights. You can always
switch counsel later on in the process.
Prepare your formal written claim:
Full contact information
Your personal statement regarding the car accident, including supporting
facts and evidence
The date of the accident
What you are seeking in damages, based on and supported by medical and
repair bills
Assuming the car accident involved a non-emergency government vehicle such
as a city garbage truck, you may have little difficulty receiving
compensation. Cases in which the other driver was operating an emergency
vehicle, such as a police car, ambulance or fire truck, are trickier. A car
accident attorney can offer advice regarding how to proceed in those
situations.
What to do after a car accident with a government vehicle
The more important the government entity is, the more complex your claim
becomes. These sort of accidents fall under the Federal Tort Claims Act,
which requires plaintiffs to prove negligence on the part of the government
employee driving the vehicle (and also file the claim with the House of
Representatives). This carries a two-year statute of limitations.
The details of your claim remain the same. However, a government form,
Standard Form 95, is required for any case alleging negligence on the part
of a federal government employee in the course of his employment. They have
six months upon submission to decide your claim.
In the event the government rejects your claim, there is an additional six
months in which to file a federal lawsuit. A car accident attorney can guide
you through this process.
