Seeking Compensation For a Car Accident With a Government Vehicle

San Jose personal injury lawyerRecovering compensation after a car accident is not always easy. In some cases, the other driver’s insurance company works fast and resolves the issues of fault and damages relatively quickly and all parties are able to move on without any significant delays. In other cases, the insurance companies drag their feet and can keep a case pending for months and maybe years before it is settled. If a driver is injured in an accident with a negligent driver who is a government employee operating a government car, there may be additional delays due to the law governing how claims against the government may be handled.

Government-Related Accident Claims

It is not easy to sue the government in California, as in many other states, because government entities and some employees are immune from liability for acts that they take in their official capacities. Before deciding to sue the government or a government employee, you have to ensure that the conduct you are alleging is exempt from the broad immunity from liability enjoyed by the government, its employees, and, in some cases, its contractors.

For example, motorists, generally, cannot sue the government if they had an accident at a part of the road where there were missing road signs or non-operational traffic lights, and this is alleged as having contributed to the accident. Government officials and entities are also not liable for injuries caused by a defective road design as long as it was a legislatively approved design.

Filing a Claim

When a driver may have a claim against a government entity or official, he or she is required to first file a claim with the governmental entity before the claim can proceed to court. There is a six-month time limit within which someone seeking to file a personal injury or property damage claim against a government entity must take action. Once the claim is filed it can be denied or approved. If denied, the person seeking compensation has another six months to file a lawsuit seeking compensation. If the government entity does not respond to a claim within the allocated time, the injured person can proceed with filing the lawsuit, and has two years from the date of the injury within which to file.

There are many complex issues to consider before deciding to file a claim against a government entity. It is best to discuss your accident with an experienced personal injury attorney as to how to proceed.

Contact Us for Legal Assistance

If you or a loved one has been injured in a car accident with a negligent driver, having an experienced personal injury attorney handling your case can save you time and aggravation and may ensure you receive the compensation you deserve. Contact Janoff Law to schedule a free confidential consultation today.



Janoff Law,
A Professional Corporation
1570 The Alameda, Suite 221, San Jose, CA 95126 408-286-2300
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