Have you been involved in an accident with a government vehicle? Getting compensation for damages and injuries resulting from such an accident is more complex than with other types of accidents. Different sets of rules and procedures apply.
Filing a claim against a government body for an accident caused by a government employee driving a government vehicle can be complex thanks to the concept of sovereign immunity. This legal principle protects the government, its agencies and employees from certain kinds of liability including car accidents. This applies even if it can be shown that the government employee or entity was responsible for the accident.
This however, does not mean that you can’t seek compensation. The federal government and all state governments have set up legislation that waives their immunity. However, this waiver of sovereign immunity is limited by strict procedures and rules that must be followed in making a claim. These restrictions include short deadlines to file claims and stricter requirements for what should be contained in the claim.
When the government is liable
There are various situations when the government or an agency or municipality can be held liable for an accident:
- When a government employee causes an accident while driving a government owned vehicle. The employee must have been driving the vehicle in his or her official capacity as an employee at the time of the accident.
- When hazardous conditions give rise to an accident e.g. poor highway conditions such as a defective roadway.
Filing for Injury Claims against the government
The Federal Tort Claims Act was enacted by the federal government to waive the federal government’s sovereign immunity. This law permits you to file an injury claim for an accident caused by a federal employee who had been carrying out his or her duties on behalf of the federal government at the time of the accident.
In order to be successful in filing your claim under the FTCA, you must adhere to the following procedural rules.
- Your claim must be filed within two years of the accident
- You must provide a detailed description to support your claim. This will be used by the government in its investigations. You are also required to provide a specific dollar figure to cover your damages and medical expenses
- A ruling on the claim will usually be given within 6 months.
- If your claim is admitted, you will be compensated. However, the amount may or may not be the amount you stated in your application.
- If your claim is denied, you can file a lawsuit against the government for compensation for your injuries. This must be done within 6 months of the ruling.
