Understand how to file a claim after an accident with a government vehicle, including timelines, notice requirements, and compensation limits in Montana
Accidents involving government vehicles like police cars, fire trucks, or public transportation buses can present unique challenges for victims seeking compensation. Unlike collisions with privately owned vehicles, pursuing a claim against a government entity involves different procedures, deadlines, and limitations.
This article will guide you through the complexities of filing a claim after an accident with a government vehicle in Montana. We’ll explore key differences in the claims process, including filing timelines, notice requirements, and potential damage caps, and answer common questions to help you recover the compensation you deserve.
Who insures U.S. government vehicles?
In the United States, government vehicles, including those used by federal, state, and local agencies, are generally self-insured by the government entity that owns them. This means that, unlike private vehicles, which are covered by commercial insurance policies, government vehicles are covered by the financial resources of the respective government agency.
In the news:
80-year-old Montana man dies in collision with sheriff’s deputy’s car
In May 2024, a tragic t-bone crash involving a sheriff’s deputy’s car resulted in the death of a Montana man in his 80s south of Lolo, as reported by NBC Montana. According to the Montana Highway Patrol, the incident occurred when the man attempted to make a left turn from Old Highway 93 onto the main Highway 93, and the deputy’s car collided with his vehicle.
Trooper Phil Smart reported that the deputy survived but may have suffered broken bones. Another deputy’s car, which was trailing behind, was not involved in the accident.
Trooper Smart also highlighted the dangers of the heavily trafficked, high-speed intersection, noting the difficulty drivers face when turning left across multiple lanes of fast-moving traffic. He said the intersection sees numerous accidents and fatalities annually and that efforts are being made to improve safety at the intersection, with engineers considering options such as traffic lights, roundabouts, and higher fines.
Insurance for federal government vehicles
Federal vehicles, such as those operated by the U.S. Postal Service, military branches, and federal law enforcement agencies, are typically covered by the Federal Tort Claims Act (FTCA). This act allows individuals to file claims directly with the federal government for damages resulting from the negligent or wrongful acts of federal employees while performing their official duties.
Insurance for state and local government vehicles
State and local government vehicles, such as those used by state police, municipal fire departments, and public transportation services, are insured by the respective state or local government’s self-insurance program. Each state and municipality has its own procedures and requirements for filing a claim, which can vary significantly.
Special cases
In some instances, specific types of government vehicles may be covered under specialized insurance arrangements. For example, public school buses might be insured through a state school board insurance program, while vehicles operated by public universities may have coverage through the university’s risk management department.
Understanding who insures the government vehicle involved in your accident is crucial, as it determines the process you must follow to file a claim. Unfortunately, unlike dealing with a private insurance company, seeking compensation from a government entity involves navigating bureaucratic procedures that can often be confusing and complicated.
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How do I file a claim after an accident with a government vehicle in Montana?
Filing a claim after an accident with a government vehicle in Montana can be complex and challenging due to specific laws and procedures. As such, it’s important to take the following steps to remain eligible for compensation.
1. Contact an attorney
The first and most crucial step is to hire an attorney who specializes in personal injury and government liability cases. These professionals are well-versed in the specific laws and deadlines that apply to claims against government entities. They can help you navigate the complex legal process and improve your chances of receiving fair compensation.
2. Present your claim in writing
Next, you will need to submit a claim to the appropriate department. The requirements per Montana Code Annotated § 2-9-301 are as follows:
- For claims against the state of Montana, you must present your claim in writing to the Montana Department of Administration. This written claim should include all relevant details about the accident, your injuries, damages, and any compensation you are seeking. See their claims page for necessary forms and additional details.
- For claims against a political subdivision (e.g., a city or county), you will need to file your claim with the clerk or secretary of the political subdivision responsible for the vehicle involved in the accident.
3. Await the department’s decision
After filing a claim, the department has the opportunity to review the claim and make a decision.
For state claims, the Department of Administration has 120 days to review your claim and either grant or deny it in writing. If the department fails to make a final decision within this period, the claim is considered denied by default.
Once you file your claim, the statute of limitations is paused (tolled) for 120 days, allowing the department to review your case without affecting your legal timeframe to file a lawsuit.
For political subdivision claims, the specific procedures and timelines can vary, so it’s essential to consult with your attorney to ensure compliance with local requirements.
4. File a lawsuit
If the Department of Administration or the political subdivision denies your claim, you can then file a complaint in the district court. An attorney will help you prepare and submit all necessary documents to initiate a lawsuit.
How long do I have to file a lawsuit after an accident with a government vehicle in Montana?
In most cases, the statute of limitations for accidents involving government vehicles is the same as any other car accident claim in Montana, which is 3 years.
However, there are a number of exceptions. For instance, under Montana Code Annotated § 27-2-209, if your claim against a county has been rejected by the county commissioners, you must file your lawsuit within 6 months after the first rejection to be eligible for compensation.
Because the timeframe for filing a lawsuit after an accident with a government vehicle can vary depending on the specifics of the case and the type of government entity involved, it’s crucial to consult a local Montana car accident attorney early on in the process to ensure you don’t miss your chance to be compensated.
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Is there a limit on compensation for Montana accident claims involving government vehicles?
Yes. The state, as well as counties, municipalities, and other political subdivisions, are not liable for tort damages exceeding $750,000 per claim and $1.5 million per occurrence.
This means that no matter how severe the damages or injuries, the maximum compensation you can receive from a single claim is $750,000, and for multiple claims from a single incident, it is capped at $1.5 million.
Additionally, state and other governmental entities are immune from punitive damages, which are damages that are typically only awarded in cases involving particularly egregious or reckless behavior.
This means that in claims against government entities, you cannot seek punitive damages regardless of the circumstances of the case. The compensation you receive will be limited to actual damages, such as medical expenses, lost wages, emotional distress, and pain and suffering, but will not include any additional amounts meant to penalize the government entity.
Injured by a government vehicle in Great Falls, Montana? We can help!
Navigating the claims process after an accident with a government vehicle can be daunting, but you don’t have to do it alone. At Murphy Law Firm, our knowledgeable Great Falls personal injury attorneys are dedicated to helping you understand your rights and guiding you through every step of the legal process.
We have a wealth of experience in cases involving government entities, so you can rest assured your case will be in good hands. Whether it’s filing claims, negotiating settlements, or representing you in court, our team is committed to securing the compensation you deserve.
Contact Murphy Law Firm today for a free consultation and let us advocate for your rights and help you achieve the best possible outcome for your claim.
References
2-9-301. Filing of claims against state and political subdivisions — disposition by state agency as prerequisite, MCA. (n.d.). Leg.mt.gov. Retrieved July 31, 2024, from https://leg.mt.gov/bills/mca/title_0020/chapter_0090/part_0030/section_0010/0020-0090-0030-0010.html
27-2-209. Actions against local government or local government official, MCA. (n.d.). Leg.mt.gov. Retrieved July 31, 2024, from https://leg.mt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0090/0270-0020-0020-0090.html
