If a police car crashes into you because the officer driving it was driving carelessly or recklessly then you have the right to sue the city police department. This isn’t an easy prospect, but certainly isn’t impossible as long as you have proof that negligence caused the accident.
You may need to use an experienced personal injury lawyer to help you throughout the drawn out process of submitting a claim. With persistence and suitable proof, you have a good chance of obtaining compensation for damage to your vehicle and medical treatment for any injuries caused.
How to File a Claim for an Accident With a Police Car
The Atlanta city police department, like any other government entities, cannot be sued unless there is clear evidence of negligence on part of one of their officer. You first have to submit a ‘notice of claim’ direct to the police department, advising them that you intend to sue them for damages.
In the claim, you should explain why you blame the police officer(s) involved, the date, time and location of the crash and the extent of damage to the vehicle and your injuries. Also, list the amounts you are demanding. You have 6 months from the date of the accident to file your claim. The police department should respond within 4 to 6 weeks from the date of filing the claim. They may send a check to cover the damages or reject your claim. This isn’t over, as you can then pursue the damages claim by filing a personal injury claim against them.
How to Prove that a Police Car Was at Fault
Without proof that the officer driving the patrol car that hit you was at fault, you won’t have any chance of obtaining compensation. Normally, you can rely on a police accident report made at the crash scene to help prove liability. Even if you can’t get a police report, there are other forms of evidence that can help establish the facts. These include:
- obtaining statements or audio recordings, if possible, from eyewitnesses. You need to jot down their contact details so you can contact them later to confirm your account of the accident;
- photos that you might be able to take at the crash site. This means take photos of damage done to your own vehicle and the positions of the two vehicles immediately after the crash;
- locate any nearby security or traffic monitoring camera. your lawyer may be able to ask the company that owns them to check video footage of the accident;
- get a crash report from the car yard you take your car to. This can often suggest why the accident happened.
Get Help When Filing a Claim Against a City
You need all the help you can get if you are considering suing a city police department. Save yourself a headache and ask a personal injury lawyer to help you throughout the process.
You are welcome to complete the free case evaluation form below to ensure your claim is on the right track.
Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against the city of Atlanta, the state Government of Georgia, or any other party, you may not be entitled to any compensation.