Asked by user in Pennsylvania. Answered by Enjuris Editors.
Hello, Christina.
I’m sorry to hear this and I am glad that it sounds as though you were not hurt in the crash.
The driver of a government vehicle must follow the same road rules and adhere to the same speed limits as any other driver (with the exception of an emergency vehicle that is responding to an emergency at the time). Therefore, if the collision was caused by the driver of a government vehicle that was breaking traffic rules or driving unsafely, they should be responsible for your damages.
Pennsylvania is a no-fault state, which means you can claim damages from your own insurance company. The only way to claim damages against an at-fault driver or their insurance is if you have severe injuries that are above the coverage of your insurance policy.
However, if you do need to make a claim against this driver for your damages, the process of filing a lawsuit against a government agency is a little different from a lawsuit against a private person or company. A lawsuit against a government agency might invoke the doctrine of sovereign immunity, which could limit the driver’s liability.
Your best bet right now might be to try to receive damages from your own insurance company. If you are not able to settle for an amount that covers the full extent of your damages, you should call a personal injury lawyer for additional guidance. Your lawyer can tell you whether you should file a lawsuit and what the limitations would be for suing a government agency. Please feel free to use the Enjuris law firm directory to find a lawyer who can advise you on your options for moving forward.