While many aspects of filing a car accident claim against a government entity are similar to filing one against a private individual or commercial company, the distinct differences make it more complex and challenging.
Unfortunately, failing to understand these vital differences could mean losing the compensation needed to fully recover after an accident.
At Berry Law, we’ve seen firsthand the struggles injured parties face when filing a car accident claim against a government entity.
Our goal with this learning resource is to shed light on the process, its potential challenges, and how our car accident lawyers can help ensure a favorable outcome.
How To File A Car Accident Claim Against A Government Entity?
To file a car accident claim against a government entity, follow these steps:
- Understand the differences between a claim agains a government entity and an individual or company
- File a notice of claim
- Adhere to deadlines
- Seek approval
- Consider sovereign immunity
- Consult an attorney
What Car Accidents Involve Government Entities?
Any car accident can involve a government entity, including but not limited to:
- Collisions with government-owned vehicles such as police cars, fire trucks, or public transportation buses
- Accidents caused by poorly maintained roads, traffic stop, traffic signals, or other infrastructure owned by the government
- Crashes involving government-employed drivers, such as postal workers or garbage collectors
- Accidents that occur on government property, such as parking lots or sidewalks
The government entity may be held liable for any resulting injuries or damages when these accidents occur.
What Is Considered A Government Entity?
A government entity, also known as a governmental agency or governmental unit, refers to any organization or department that is owned and operated by a local, state, or federal government, including but not limited to:
- City, county, and state agencies
- Public schools and universities
- Hospitals and healthcare facilities owned by the government
- Public transportation systems
- Law enforcement departments
While these government entities are responsible for providing essential services to the public, they can also be held accountable when their negligence causes harm to others.
What Makes Filing A Car Accident Claim Against A Government Entity Different Than Filing Against An Individual Or Company?
Filing Timelines
All states have a statute of limitations for filing car accident claims. In Nebraska, this is 4 years from the accident date for collisions not involving government entities.
Additionally, accidents in the Cornhusker State must be reported within 10 days when physical injuries are sustained and/or more than $1,000 worth of property damage occurs.
However, when a car accident involves a government entity, there are shorter deadlines for filing a claim. The statute of limitations in Nebraska is reduced to two years, and the 10-day reporting period still applies.
Failure to meet these tighter deadlines could result in a claim being dismissed, making it crucial to seek legal assistance as soon as possible after an accident involving a government entity.
Notice Of Claim
Another key difference when filing a car accident claim against a government entity is the requirement to provide notice of the claim.
This means that before any legal action can be taken, the injured party must formally notify the government entity of their intent to file a claim.
A Notice of Claim must be filed within one year of the accident occurring in Nebraska. Filing this notice can be complex and requires more specific information than a traditional car accident claim.
If the notice is not filed within the required time frame, the injured party may lose their right to sue for damages.
Claim Approval
Typically, insurance companies will approve or deny a car accident claim after reviewing the evidence and determining liability. However, this is not the case when filing a claim against a government entity in Nebraska.
The State Claims Board reviews and approves claims against state agencies and employees. To approve a claim, the Board must determine that the government entity was negligent.
Other individuals may also be responsible for approving or denying a claim based on the damages sought.
In Nebraska, the State Risk Manager handles claims totaling less than $5,000. Claims exceeding $50,000 require approval from the Nebraska State Legislature.
This adds an extra layer of complexity to the filing process and highlights the importance of having experienced legal representation.
Processing Times
A car accident between private citizens or companies can take time to resolve, but typically, the process is straightforward once a claim has been filed.
However, when dealing with government entities, the processing times can be much longer and more unpredictable.
Due to the multiple levels of approval and potential bureaucratic delays, resolving a car accident claim against a government entity may take significantly longer.
For example, car accident claims filed against the government have a 45-day administrative review period before a lawsuit can even be filed.
This prolonged process can frustrate and financially strain the injured party, making it even more challenging to secure maximum compensation without the help of experienced personal injury attorneys.
Varying Rules
Filing a personal injury claim against another individual or company usually involves following state laws and regulations. However, when a government entity is involved, there may be different rules and procedures.
For example, filing a car accident claim against a local government entity may involve following different procedures than filing against a state or federal entity. Failing to adhere to the correct rules and procedures could result in a dismissed claim.
Limited Liability
Government entities also have certain legal protections and immunities that may limit their liability in car accident cases. These protections vary by state, but they generally make it more difficult for injured parties to receive full compensation from the government entity.
In some cases, government entities may only be liable for a portion of the damages or may not be held liable if they can prove they acted within their legal authority.
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How Do I Know If I Have A Valid Car Accident Claim Against A Government Entity?
Understanding Scope of Employment
One key factor in determining the validity of a car accident claim against a government entity is whether the negligent party acted within the scope of their employment at the time of the accident.
In Nebraska, this means that the collision occurred during an:
- Act that the employee commonly performs during their job duties
- Act that the employer expressly or impliedly authorized
- Act that was in furtherance of the employer’s business
- An act that occurred during normal business hours
Many car accidents involving government entities may fall within these categories.
However, it is more difficult to hold the government entity accountable when employees were acting outside of their job duties, which may include:
- Personal errands or activities
- Intoxicated driving
- Reckless behavior beyond the scope of their job duties
- Commuting to and from work
- The vehicle was taken without the employer’s permission
These factors highlight the importance of hiring experienced car accident attorneys who can thoroughly investigate the details of the accident and determine if the government entity can be held liable for damages.
Understanding Sovereign Immunity
An important aspect to consider when determining the validity of a car accident claim against a government entity is the concept of sovereign immunity.
This legal doctrine protects government entities from being sued without their consent.
Injured parties may be barred from filing claims or seeking compensation unless the government entity has waived its sovereign immunity.
In Nebraska, a car accident claim against a government entity must fall under one of the exceptions to sovereign immunity for the injured party to have a valid claim.
Notable exceptions include:
- Claims for personal injury or property damage caused by negligent acts or omissions of government employees while acting within the scope of their employment
- Claims for damages resulting from defective roads, bridges, or other public works not fixed within a reasonable timeframe
- Claims for damages resulting from the negligent operation of a motor vehicle by a government employee who was acting within the scope of their employment
Though the few exceptions may not apply in every case, it should never be assumed that sovereign immunity automatically bars an injured party from seeking compensation.
With the help of a car accident lawyer experienced in pursuing claims against government entities, injured parties or their families may be able to successfully overcome the challenges presented by sovereign immunity and receive the compensation they deserve.
How Much Is A Car Accident Claim Against A Government Entity Worth?
The value of a car accident settlement against a government entity will vary depending on several factors, including but not limited to:
- The level of liability of the government entity
- The severity and extent of injuries sustained by the injured party
- Any financial losses incurred as a result of the accident (e.g. medical expenses, lost wages)
- The availability and strength of evidence supporting the claim
- The experience of chosen legal representation
Though the specifics of a case will ultimately determine the final compensation amount, Nebraska has a damages cap of $1,000,000 on government entities involved in car accidents.
Car Accident Claims Against Government Entities FAQ
What if the State Claims Board denies my claim?
If the State Claims Board denies a claim, it may be possible to file a lawsuit against the government entity. This process can be complex and requires strict adherence to state laws and procedures. It also requires experienced litigators that can effectively argue a case in court.
Can I file a car accident claim against a government entity alone?
While it is possible to file a car accident claim against a government entity without legal representation, it is not recommended. Government entities have resources and legal teams dedicated to defending against claims, making it difficult for individuals without legal knowledge to successfully navigate the process.
What if the government entity is an out-of-state entity?
If the government entity involved in a car accident is from another state, it may be possible to file a claim in that jurisdiction, depending on local laws. This may be beneficial if the state where the driver or vehicle is from has higher damage caps or more favorable laws for pursuing claims against government entities.
How long does settling a car accident claim against a government entity take?
The timeline for settling a car accident claim against a government entity will vary depending on the case’s specifics. In some cases, settlements can be reached within months, while others may take years to be resolved. An experienced car accident lawyer can help expedite the process and negotiate for appropriate compensation in a timely manner.
File A Car Accident Claim Against A Government Entity With The Help Of Berry Law Personal Injury Lawyers
The complicated process of filing a car accident claim against a government entity should not be faced alone. Berry Law has a team of experienced car accident lawyers well-versed in Nebraska laws and procedures for pursuing claims against government entities.
We can provide the necessary guidance, support, and legal representation to help injured parties receive the compensation they deserve.
Schedule a confidential case evaluation with a car accident lawyer to begin securing compensation for damages and losses caused by a government entity.
