Filing a Claim Against a Government Entity After a Car Crash

When Can You File a Claim Against the Government?

Filing a personal injury lawsuit against a government agency isn’t always straightforward, as it’s only allowed under certain conditions. To have a valid claim, the injured party must be able to prove various factors, including:

• A government employee caused the accident while acting within the scope of their employment
• The accident was due to government negligence, such as poor road maintenance, missing traffic signs, or a malfunctioning traffic light
• A wrongful act by a government entity directly resulted in personal injuries or property damage

Common situations where the government may be liable

• A federal employee driving a government vehicle rear-ends another driver
• A state government agency fails to repair a pothole, causing an auto accident
• A local government entity neglects to replace a malfunctioning traffic light, leading to a crash
• A federal agency responsible for road maintenance does not clear federal property after a snowstorm, causing an accident

If any of these apply to your case, you may have grounds for a personal injury lawsuit against the government agency responsible.

What Is Sovereign Immunity & How Does It Affect Your Claim?

Sovereign immunity is a legal doctrine that protects government entities from lawsuits unless they explicitly allow them. This means that, in most cases, you cannot sue the government unless specific laws provide an exception.

While sovereign immunity prevents many lawsuits, Tort Claims Acts provide exceptions for motor vehicle accidents, medical malpractice, and wrongful death claims.

Most states and the federal government have laws that waive sovereign immunity in certain situations. These include:

• Federal Tort Claims Act (FTCA): Governs lawsuits against the federal government for negligence, including car accidents caused by federal employees
• State Tort Claims Acts: Each state has rules for suing state and local governments (e.g., the California Tort Claims Act, Texas Tort Claims Act, etc.)

These laws allow accident victims to pursue compensation but with special rules and limitations.

Compensation Limits in Government Car Accident Claims

When suing a government entity, you can typically seek economic, non-economic, and punitive damages, but restrictions often apply. For state and local governments, each state sets its own rules. Some prohibit punitive damages, while others impose monetary caps on total compensation. Certain states also limit non-economic damages, such as pain and suffering, while others place no cap. These restrictions can significantly impact how much compensation you can recover.

For federal government claims, the FTCA follows state law for economic and non-economic damages but prohibits punitive damages and prejudgment interest. Additionally, under the FTCA, you cannot recover more than the amount originally requested in your notice of claim unless you can prove that newly discovered evidence or intervening facts justify a higher amount.

Since these damage limitations vary based on the government agency involved, understanding how they apply to your case is crucial.

How to File a Car Accident Claim Against a Government Entity

Step 1: Identify the responsible government entity

Before filing a claim, you must determine which government entity was responsible for the accident. This could be a local government, state, or federal agency.

• If the accident involves a government vehicle, such as a city bus, police car, or postal truck, the responsible entity is the agency that owns or operates that vehicle
• If the crash resulted from poor road maintenance, missing signage, or malfunctioning traffic signals, the government department responsible for maintaining the roadway would be liable
• If a government employee causes an accident while acting within the scope of their employment, their employer (the government agency they work for) would handle the claim

Since different government agencies have different procedures, it’s crucial to determine the correct entity before filing. Filing with the wrong agency can delay or automatically deny your claim.

Step 2: File a notice of claim

Before filing a lawsuit, you must submit a notice of claim with a much shorter deadline than the standard statute of limitations for personal injury cases.

The statute of limitations sets the overall time limit to file a lawsuit, usually years from the accident date. However, a notice of claim is a mandatory first step that must be filed within 30 to 180 days, depending on the agency.

Your notice of claim must include when and where the accident happened, why the agency is at fault, and the damages you seek. Because each government entity has specific rules for handling claims, missing this step, even by a few days, can result in automatic denial, making it impossible to recover compensation.

To file a claim against the federal government, you must first submit Standard Form 95 (SF-95) to the federal agency responsible for the accident. This form outlines what happened, why the government is at fault, and the compensation you seek.

Step 3: Government investigation and response

Once you submit your notice of claim, the government agency responsible for the accident will conduct an internal investigation. This process is meant to determine whether the government employee or agency was at fault and if your claim for damages is valid. The investigation length varies, but federal claims typically allow the government up to six months to respond.

There are three possible outcomes. If your claim is approved, the government may offer a settlement to compensate you for your losses. If denied, you may have the right to file a lawsuit against the agency in court. Sometimes, the government fails to respond within the required time frame. When this happens, you can generally sue as if the claim had been denied.

What If Your Claim Is Denied?

If you filed a notice of claim and the government either denied it or failed to respond within the required timeframe, that doesn’t mean your case is over. A denial means you now have the right to file a lawsuit and pursue compensation through the courts.

In most cases, you have a limited time to take legal action after receiving a denial, typically within six months. If the government does not respond, the law often treats the claim as denied after a set period, allowing you to proceed with a lawsuit. At this stage, it’s essential to ensure that everything was properly filed and that all procedural requirements were met, as any missteps could lead to delays or even dismissal of your case.

Why Hiring a Lawyer Can Make or Break Your Case

Filing a claim against the government comes with strict deadlines, legal complexities, and procedural hurdles that make it far more challenging than a typical personal injury case. A single mistake can result in an automatic denial or dismissal. Here’s how a personal injury lawyer can strengthen your case:

• Ensures proper filing: A lawyer will identify the correct government entity, submit all necessary documents, and ensure your claim meets strict legal requirements
• Gathers strong evidence: Proving government negligence requires detailed documentation, including witness statements, accident reports, expert testimony, and medical records
• Negotiates with the government: Government entities often delay or undervalue claims. A lawyer will push for a fair settlement and challenge low offers
• Handles litigation if necessary: If your claim is denied or settlement negotiations fail, an attorney can file a lawsuit, navigate the court process, and present a strong case in court

Conclusion

Filing a car accident claim against a government entity is a unique legal process with its own rules and challenges. Unlike standard claims, these cases require filing a notice of claim within a set deadline, waiting for the government’s response, and following specific procedures before pursuing a lawsuit. Legal action may still be an option if the claim is denied or ignored, but time limits apply. Understanding how the process works is essential to ensuring your right to compensation isn’t lost.

If you're unsure how to move forward or facing a denial, you don’t have to handle it alone. At YourAccident.com, we connect you with experienced personal injury lawyers who understand the intricacies of government claims and can help you take the right legal steps.

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