Special Rules Apply for Government Claims

Victims of an accident caused by a government entity or its employee must follow different rules for processing their government claims. Government entities can include the city, county, state, or federal government or any public agency or division and can encompass a government claim against a municipal bus or a car driven by a local state, or federal employee during work time. These can also include an injury suffered because of the dangerous condition of a building or other property owned or operated by a government agency.

Governments get to set their own rules for who can sue them, for what and how. To pursue a liability claim against a government entity, you must carefully follow your state’s specific rules for such claims. In particular, you must file a formal written liability claim against the government entity responsible for your injury within a relatively short time—usually 30 to 180 days. If you fail to file your liability claim within the time limit, or fail to include required information, you may forever lose your right to collect compensation for your government claim.

Involved in Three-Vehicle Accident

Let’s say you were in a three-vehicle accident involving you, another car, and a city bus. You will want to file a government claim against the city even if you believe the other car was primarily at fault. It may turn out that the other driver was uninsured. Or the bus could be more at fault than you first realized. In either case, you will have to pursue a government claim for compensation—and you don’t want to miss out.

In the government claim, it is important to describe your injuries, lost income and other losses you incurred generally at first. It’s also a good idea to state “medical treatment is continuing” to protect yourself in case you have to receive treatment after you have filed your liability claim. Additional pointers for a government claim follow:
  • Don’t agree to be examined by a doctor who is affiliated with or recommended by the government’s insurance company. You have the right to see the doctors or other medical professionals you want.
  • Resist the push to settle immediately. Most insurance companies want government claim victims to settle for a small amount before they know fully how much your claim is really worth. Agreeing may seem like a simple way to get compensation, but it will cost you money in the end.
  • Refuse to give recorded statements. A claim adjuster may call and try to push you to give a tape-recorded statement, or casually ask if they may record your phone conversation. Don’t agree. You have no legal obligation to be recorded, and it is against the law for them to record you without your permission.
  • Don’t sign anything. Among the first things you may receive in the mail from the insurance company handling your government claim are various forms described as “just routine” or “normal procedure.” However, by signing the forms, you may give them direct access to your medical, personal or work records—or even a disguised release from any liability for your government claim.
Contact Seeger Weiss for more information.

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