Governmental immunity?

[numbersman]

I was recently involved in an auto accident with a county vehicle. The county vehicle BACKED UP an off-ramp and hit my vehicle, which was stopped at the time. The driver admitted fault, and it is recorded as his fault in the police report (thought I was covered when I got that).

Here's the kicker - the county is self-insured below a certain threshold amount, and has a third-party administrator (TPA) handle all their claims. I got a letter from the TPA saying that under state law, "the county has governmental immunity and cannot be held liable for damages incurred while performing governmental functions. This immunity is waived only by the purchase of insurance. The county is self insured within the amount of their retention, which exceeds the amount of your damages. The county has asserted its governmental immunity rights in this matter, and must decline payment for your damages."

What? Are you kidding me? So the driver is clearly at fault, admitted it, it's recorded in the police report, I have about $750 damage to the front of my car, but the county isn't going to shell out a dime b/c they claim governmental immunity? I'm not sure that backing up a one-way offramp is a "governmental function", but then again, maybe I'm wrong.

Anyone have a similar experience? What options do I have as far as legal or insurance? Any help?

 

[L107ANGEL]

Yes this is quite common. You will need to turn it into your carrier and the county will re-imburse you for your deductible. Not the answer you were looking for but it should not affect your rates. Good luck!

 

[cardaway]

I imagine this is what people get if they are one of those cars that gets hit during a police chase.

 

[Chuck S]

Hopefully you had uninsured motorist coverage. I'd first talk to my insurance company, and then perhaps file a suit in small claims court for the amount of your deductible, if your small claims filing fees are within reason. All they can say is what they've already said "No." A letter to the editor may also be in order, bad publicity can sometimes work in your favor.

 

[numbersman]

I imagine this is what people get if they are one of those cars that gets hit during a police chase.

Yeah, I thought that's what this was reserved for as well. I didn't know they could use it for any situation involving a county vehicle or employee, even if it is their fault and documented as such. It may be legal, but definitely not ethical. Kind of puts them above the law, if you ask me.

 

[numbersman]

Hopefully you had uninsured motorist coverage. I'd first talk to my insurance company, and then perhaps file a suit in small claims court for the amount of your deductible, if your small claims filing fees are within reason. All they can say is what they've already said "No." A letter to the editor may also be in order, bad publicity can sometimes work in your favor.

I thought about uninsured motorist coverage, too, but not sure how that would work with the county being "self-insured." Also thought about a suit, but from what I've read on the internet about these kind of cases, they seem to always go in favor of the government with an automatic grounds for appeal for the plaintiff, so they're fought in appellate court, which I don't have the time to go through. I also did think about letter to the editor/news media, but didn't know how effective that would be. I mean, it might work for a small business, to hurt their business if they don't change their ways, but it's not like I can shut down the county.

 

[bicker]

Kind of puts them above the law, if you ask me.

I'm not sure that really applies: Rather, it is the law; it cannot be "above" or "below" the law. This isn't a case where a specific government driver decides that he doesn't want to be responsible for the damages, but rather a part of the actual statutes that shields the government from paying damages. It was undoubtedly put into force, in the interest of the people of the jurisdiction, to keep taxes low. Deciding whether it is "good" or "bad" is a political issue, which should be worked out through the election process. My suspicion, however, is that -- for good or ill -- the vast majority of voters in that jurisdiction don't see a compelling need to incur the costs associated with revoking the law.

 

[iNTeNSeBLue98]

I got a letter from the TPA saying that under state law, "the county has governmental immunity and cannot be held liable for damages incurred while performing governmental functions. This immunity is waived only by the purchase of insurance. The county is self insured within the amount of their retention, which exceeds the amount of your damages. The county has asserted its governmental immunity rights in this matter, and must decline payment for your damages."

What was the governmental function being performed at the time the other driver hit your vehicle? I can understand if it was say a highway maintenance vehicle and it was an accident, but this incident sounds like a careless driver who is trying to get out being held accountable for actions that caused damage.

Good luck for a swift resolution. I hope you can work things out.

 

[bicker]

Hmm... The OP didn't indicate that the driver was using the "county vehicle" for personal stuff. It sounds like the OP was hit by a "county vehicle" -- that's all.

 

[iNTeNSeBLue98]

Didn't think of it that way, thanks for pointing that out. I know many city/county vehicles are used around here for a multitude of reasons. Some are a simple sedan operated on the government's dime instead of the operators.

 

[numbersman]

Didn't think of it that way, thanks for pointing that out. I know many city/county vehicles are used around here for a multitude of reasons. Some are a simple sedan operated on the government's dime instead of the operators.

It was a man driving a county Health Services vehicle, he was transporting a woman and her infant at the time. So I assume he was performing a government "function" since he was transporting her somewhere, but was definitely breaking the law when he backed up a one-way offramp. However, as bicker stated, it IS the law that he can bang up my car and not have to pay squat, unfortunately.

 

[iNTeNSeBLue98]

Thanks for explaining numbers.

 

[Lewisc]

It was a man driving a county Health Services vehicle, he was transporting a woman and her infant at the time. So I assume he was performing a government "function" since he was transporting her somewhere, but was definitely breaking the law when he backed up a one-way offramp. However, as bicker stated, it IS the law that he can bang up my car and not have to pay squat, unfortunately.

Check with your insurance company and maybe with an attorney. The county purchased insurance. That might be enough to waive their immunity claim. It's possible you got the first letter and a letter from an attorney will start the settlement process going.

Although I suspect the driver also has immunity I'd take him to court.