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Home » Can A Car Accident Lawyer File A Claim Against the Government for Injury

Can A Car Accident Lawyer File A Claim Against the Government for Injury

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Car Insurance Lawyer

Car accidents are an unfortunate but common reality of today’s mobile world. A crash between two vehicles may lead to a pending lawsuit, but before that, it is important to identify the other party. They could be an unlicensed driver or even a Government vehicle. In the case of Government vehicles, the lawsuit process becomes slightly different due to various claims resting on Government vehicles. 

In a crash, either one of the parties must have been negligent or suffered from mechanical dysfunction.  A car insurance lawyer is a right person to talk to, to find out the next steps to be taken.  Either way crashes with Government bodies can be classified into the following typologies. 

Types of Car Crashes

  • Crash against large trains or buses – In case of a crash between a private vehicle and a government-owned public transport, a claim can be filed with the respective transit system.
  • Crash due to road conditions – The condition of the road plays an important factor in several crashes. Minute depressions or bulges can alter courses in a nanosecond. If the crash is due to any existing roadside defect or poor design – such as the slope or curvature of flyovers, then a lawsuit can be filed.
  • Crash with Police Vehicle – If a crash occurs between a privately owned vehicle and a police-owned vehicle, the negligent party would have to pay compensation.
  • Crash with Government employees – This includes all municipal workers, the government hired help and staff, and so on. In these, the case takes on a personal route. There also comes the question of establishing whether the person was working on the clock or not.

Now, despite this distinction, not all States allow citizens to sue government bodies in case of car accidents. This is due to something called sovereign immunity. This is a legal principle that prevents normal citizens from pressing similar lawsuit charges against government bodies as they would press against another private citizen.

However, several states have independent laws that exclude their public service bodies from such a principle. The best way to find out the course of the law in your state is to speak to a car insurance attorney. They will devise the best course of action and elaborate on the charges that can be pressed.

Can You Press Charges Against A Public Entity?

If the legal principle of sovereign immunity is overridden in your state, then you can easily sue the public body in the same way as you would sue an individual. A thing to be noted here is that in case you also receive some amount of money from your insurer, then that amount will be deducted from the compensation provided by the opposite party.

If the path is clear and you choose to pursue the claim, then it must be submitted within 90 days from the day of the accident. After this, the claim shall not be considered. The State has an additional 90 days to respond to it. Consulting an attorney will help with the organization of paperwork and the deliverables to be submitted.