Car accident cases are generally straight forward when they involve two individuals. The victim, or plaintiff, has the right to sue the individual responsible for causing their injuries and damages.
But what about a car accident where an employee of Colorado state or local government is at fault?
Cases like these are governed by the Colorado Governmental Immunity Act (CGIA), which grants immunity from certain types of lawsuits. Historically, governments had full immunity but in 1972, Colorado established limitations and restrictions on what citizens can sue the government for.
One of main instances where a citizen can sue a governmental entity in Colorado is when an on-duty government employee is liable for someone else’s injuries and damages in a car accident.
But there are different procedures to initiating a claim and limitations to what plaintiffs can recover.
First is what’s called the “statute of limitations” or the amount of time from the occurrence of an event to when you must file a claim. For car accidents involving private individuals, it’s three years but for accidents involving a government official, it’s only 180 days.
Before filing a lawsuit however, you must file an administrative claim with the agency that employs the individual. And you have to wait 90 days or until the agency responds to file your lawsuit.
There are also limitations to how much one can collect in damages from a government entity. In Colorado, the limit is $150,000 per instance per person and $600,000 for two or more injured persons. No one person can receive more than $150,000. Punitive damages are not allowed in any instance.
We invite you to learn more about car accident lawsuits against governmental entities in Colorado in our newest article in the Colorado car accident knowledge center – Collecting Car Accident Damages from a Government Entity in Colorado.
And if you have any questions or need assistance in recovering damages from a governmental agency, please contact Denver car accident attorney R. Mack Babcock today for a free consultation.