Government & Police Claims for Auto Accidents.

This very general FAQ is limited to a California governmental entity (such as a local county or city government) and will not go into claims against the United States government. If you believe your car accident was caused by a government vehicle or government entity, we strongly recommend that you consult with an experienced auto accident attorney.

Claims against the government have different rules and time limits (statute of limitations). When making a claim against the government, you need to be aware of two things:

You must file a special government claim form in its entirety.
There is a much shorter time limit for a lawsuit against the government than a normal personal injury lawsuit.

Different Rules For Government Claims and Auto Accidents

One major difference between an auto accident claim against the California government and a private citizen is the legal time limit, or statute of limitations, you have to file a lawsuit. This type of claim must be presented to the correct governmental entity and according to that entity’s guidelines, usually within six months from the date of the car accident. Furthermore, each governmental entity has their own special claim forms, procedural requirements and guidelines, and the six month time limit is entirely different from the usual two year time limit you have to file a personal injury lawsuit against a private citizen.

In addition to the six month government claim statute of limitations, there are also special rules that state how long you have to file a lawsuit if your government claim is rejected or denied. Generally, your government claim is denied if you do not receive a response within 45 days of presenting the claim. If your claim is denied in writing or deemed denied for lack of a government response, one usually has six months from the date of denial to file a lawsuit in the proper court of law, even if it is before the one year statute of limitations.

There may be special circumstances that allow you to present the government claim and file a lawsuit past the six month deadline, but even the outside deadline to present the claim and lawsuit is usually no longer than one year.

Government Claims Are Difficult to Prove

The first challenge is proving whether or not a governmental entity is actually involved or has some responsibility for a car accident. Some government workers drive in marked government vehicles (patrol cars and cars with government license plates), but other government employees have their own personal non-marked cars.

Another obstacle for government claims comes in cases where you must prove that your car accident was caused by the government’s failure to keep a public area safe. If the government failed to properly maintain a roadway or area, a detailed investigation should be immediately conducted to determine which governmental entity (such as a state, city or county) owns or has control of the area where the auto accident occurred. Sometimes there is a history of automobile accidents in the same exact area in which your car crash took place.

Also, some businesses may not appear to be owned by a government entity (such as ambulances, public buses or State property). Even if a government name isn’t obvious, it could still be hidden in special documents — yet another reason to have a proper auto accident investigation.

Can I File a Claim against the Police for an Auto Accident?

In California, the police usually cannot be held responsible for personal injuries, property damage or any other damages that occur during their course of duty because they may be immune from auto accident liability. This protection applies to many different situations and to other government agencies in similar situations (i.e. ambulances and fire trucks).

While the police enjoy immunity for most car accidents, there are often other parties you can hold responsible. For instance, if a police officer collides with your car while in a high speed chase, you might be able to hold the person driving away from the police responsible.

Call Us Now to Maximize Your Auto Accident Settlement

If the unfortunate happens and you do get into a car accident, the best thing you can do for yourself is to seek legal representation quickly. With only get one settlement for personal injury, don’t you think you should do everything in your power to maximize your auto accident settlement?

If you were injured in a car accident that wasn’t your fault and believe that you deserve compensation, then call our San Diego law offices right away at 1-800-655-6585 or click here for a FREE consultation with an experienced auto accident attorney in San Diego to find out how we can help you. There is no cost for your initial consultation, and there are no fees until we recover a fair personal injury settlement.

We look forward to providing good advice for your case.

Most Recent Blog Post

[caption id="attachment_21715" align="alignleft" width="300" caption="Photo Credit: The San Diego Union Tribune"][/caption] Last week, we reported on a car accident in San Diego that resulted out of alleged teen street racing. In new developments, the 18-year-old driver charged with the death of the two teenagers involved in the street racing has pleaded not guilty to vehicular manslaughter among four other charges according to reports at the San Diego Union Tribune. The news follows the earlier arrest of another 16-year-old driver that was taken into custody on similar charges. Just shortly after his arraignment, Michael Johnson, the 18-year-old driver of a Volvo S40, said, according to his attorney, that he is not the responsible party in the tragic San Diego accident fatalities that occurred April 4. Accident reports indicate that Johnson was returning from a spring break beach party in La Jolla when he was allegedly involved in a street racing contest with another teen driver – the unidentified 16-year-old driver of a Volkswagen Passat whose name has not been released since he is a minor. According to Deputy District Attorney Kristen Spieler, the two vehicles were zigzagging across lanes at speeds reaching up to a staggering 100 m.p.h. The 16-year-old driver in the Passat lost control over the vehicle, causing the car to flip over several times across multiple lanes of the road. Two passengers, Anthony Foreman, 18, and Jayli Campbell, 16, were thrown from the Passat and died at the scene of the accident. Two passengers survived the crash. Charlotte McQuillen, survived the accident although she suffered serious injury as a result of the collision including reports that say the teen will have to recover from traumatic brain injury. Anthoney Taylor, 16, also survived the crash although his injuries are unclear at this time. Johnson did not flee the scene of the accident according to police reports and cooperated with authorities once officers assessed the scene of the collision. The teen has no prior criminal record, although authorities say his vehicle was found containing a small amount of marijuana. Johnson is being charged with intoxicated driving, although his lawyer says there were no field sobriety tests to confirm the teen’s alleged intoxication. Teen driving: reminders for concerned parents Last week, we blogged on actions parents can take to prevent teen car accidents. Tips include:

Sign a parent-teen contract. Download your free contract now.
Enforcing the rules. Every teen driver needs to know that rules are there for a purpose, and when they are broken, consequences will follow.
Have a DUI backup plan. As most parents can attest, there are many instances when teen drivers run into problems that supersede their know-how and maturity. Drinking is one of those problems. In cases of emergency, your teen should have an open-door policy where they feel safe to call you when they need help – such in the case of drunk driving or driving while intoxicated.

About the Law Offices of Michael Pines, APC The Law Offices of Michael Pines, APC are specialists in car accident injury. Every personal injury attorney in our San Diego office works hard to seek maximum recovery for every injured client. Your case is handled without any out-of-pocket costs, so do not hesitate to speak to a San Diego personal injury lawyer today for a free legal evaluation. Call us at 1-800-655-6585.