Government Vehicle Accidents

A Government Vehicle Hit My Car. How Do I File A Claim?

Being in an accident can be very stressful. You may be confronted by costly properly damage, painful injuries, and high medical bills. If the accident was not your fault, you may expect the responsible party to compensate you. This is often difficult, but it can seem almost impossible if the crash was caused by a government vehicle. You may feel intimidated by the thought of filing a claim against a government department. However, this doesn’t need to be the case.

The best thing to do if you’re involved in an accident with a government vehicle is to hire an attorney. A legal professional who has handles claims against federal, state or local bodies will help you to protect your rights. There are often strict guidelines to follow when filing a claim against a government entity. In addition, the statute of limitations is usually shorter than when it’s against a private individual or corporation. Victims, therefore, have to act quickly.

Things to Consider When Filing A Claim Against the Government

Your rights are somewhat limited if you want to hold the government responsible for your injuries. Government entities are often immune to liability and lawsuits. This means they can’t be sued without permission. However, many governments have waived their immunity and they can be held liable for accidents or injuries.  It is important to keep in mind that different states and cities can have very different laws. There are also some departments or individuals whom you may not be able to file a claim against. For example, if the crash was caused by an emergency government vehicle in some jurisdictions, you’re less likely to get compensation. That being said, you have to follow the rules if you want any claim to be successful.

The Notice of Claim

Generally, you need to file a notice of claim as soon as possible. This document informs the government that you suffered an injury for which you want to seek compensation and gives the entity an opportunity to respond. The government will either deny your claim or accept it. If the claim is denied, which is most likely, you can file a lawsuit and try to get compensation through civil court.

To get specific information about the procedures for filing a claim following an accident involving a government vehicle, contact the agency that was involved in the accident. If it’s not immediately clear which entity was at fault, your attorney may recommend submitting a claim to each agency that could be held liable.

After you submit the Notice of Claim, you’ll need to wait for a period of time before filing your lawsuit. This is generally between 30 days and 120 days. If you file the lawsuit before the time expires, the court will dismiss your lawsuit.

The Statute of Limitations

Another deadline you need to keep in mind is the statute of limitations. This is the time frame within which you must file your lawsuit. It applies in all personal injury cases, but it is usually at least one year. However, when suing the state or local government, there’s often a much shorter period, often six months. In some states, there may be different time limits for cities, states, towns, counties or municipalities. To ensure that you don’t miss the deadline, you should consult an experienced attorney as soon as possible after the accident.

The Federal Tort Claims Act

If you’re pursuing a claim against a department of the federal government, you may have to do so under the Federal Tort Claims Act. In keeping with these laws, you will have to prove that:

• You were injured by a federal government employee
• The employee was acting within the scope of their official duties
• The employee was acting wrongfully or negligently  
• The wrongful or negligent act caused the injury for which you’re seeking damages.

You will first have to file an administrative claim with the House of Representatives. The Office of General Counsel will provide you with the form and inform you about the required supporting documentation.

 Preparing A Written Claim 

If you want the best chance of getting compensation, you need to ensure your claim provides all the necessary information. You should include:

• All your contact details
• The date the accident occurred and where it occurred
• A statement detailing your account of the accident including all the supporting facts and evidence that you have
• The losses and expenses for which you are requesting compensation along with proof that you suffered these losses

How Long Does It Take to Get Compensation?

The time it takes for a personal injury claim to be resolved depends on several variables. These include:

• The complexity of the case
• The total amount of damages requested
• The severity of the injuries sustained
• The volume of cases in your jurisdiction
• Whether the case is settled out of court or it goes to trial
• How quickly the other party wants to settle

Let’s look at the phases involved in the typical personal injury case.

Filing

As soon as you suffer serious injuries in an accident, you need to call a lawyer so they can begin to work on your claim right away. Since you don’t have a long time to seek compensation, you need to seek legal advice immediately. Your lawyer will handle everything from the notice of claim to filing the actual lawsuit.

Discovery

The discovery process is when both sides exchange evidence regarding the accident. This process often takes anywhere from six months to a year but in some cases, it can take even longer. The parties can attempt a settlement at this point.

Trial

If you can’t reach an agreement during negotiations, the case will have to go to trial. Depending on where the accident happened, the trial may take place before a judge and jury or only a judge. Settlement negotiations can still take place while the trial is ongoing.

Verdict

It can take as long as two years for a verdict to be rendered after a lawsuit was initially filed. Furthermore, even after the verdict is announced, the defense team could appeal. They could file a motion for a new trial, meaning you could have to wait even longer for compensation.

Collection

If the court rules in your favor and there is no appeal, you will be awarded compensation. It may be a lump sum or you could receive a series of payments.

Seek Legal Counsel

If you ever find yourself in an accident involving a government vehicle, the first thing you need to do is call a lawyer. Given all that is involved in filing a lawsuit against a government entity, you have to move quickly. Keep in mind that the statute of limitations is likely to be a lot shorter than it would be in the typical personal injury claim. When you hire an experienced attorney, you’ll give yourself the best chance of recovering damage, despite the many challenges.