How To Strengthen Your Auto Accident Claim Against The Government

Although there are situations in which you can hold the government liable for a car accident, the ensuing accident claim or lawsuit will be very different from those against individual motorists. Here are some of the things you may have to do to sue the government for an auto accident:

Identify the Correct Government Body

The first thing you should know is that the government is made up different arms that operate independently of each other. Therefore, you have to identify the correct body liable for your accident. For example, you need to know if your claim should be against the federal government, an emergency response service, or even a local government arm, such as a school. Don't forget that suing the wrong government arm won't get you any settlement.

Prove That the Driver Was On the Clock

The government can only be liable for your accident if its driver was on the clock. For example, if a fire truck hits your car while returning from a mission, it might be liable for your damages. However, if a judge crashes into your car while on their way home from the court, you have to sue the judge on their private capacity.

Prove That You Would Still Have a Claim If the Government Was a Private Person

For the government to compensate you for your damages, you must prove that it would still be liable for the damages if it were a private party. You cannot just sue the government because you believe it has deep pockets and it can afford to pay your damages. Ask yourself this question: if the government driver was a private motorist, would they still be liable for the accident? Only go ahead with your claim if the answer to that question is affirmative.

Provide Proper Notice and Adhere to the Set Timelines

You will also need to provide proper notice to the relevant government body. Personal injury laws demand that you cannot sue the government directly without notifying it first. The notification, which has strict rules and timelines, gives the government time to validate your claim and organize its response. For example, you must file a claim against the federal government within two years, and any lawsuit must be filed within 6 months after the government's response if it's to be valid.

As you can see, an auto accident claim against the government is much different from regular claims against private motorists. This is why you are better off making your claim against the government using a lawyer rather than going it alone. For more information, talk to companies like Carter & Fulton, P.S.

Share