Usually the process of proving fault in a car crash is fairly clear-cut. Under normal circumstances, you will have an idea of who you can collect damages from, as well as whether or not you have grounds to sue someone who is legally responsible for injuries and property destruction.
However, in the event that you’re involved in a car accident with an employee of a government entity, there can be a bit more hassle. This is because in Colorado government entities are protected under limited liability according to the Governmental Immunity Act (CGIA).
How do I file an injury claim against a government employee?
If you’re involved in an accident with a government employee, first you have to file your claim within the period of time specified by the statute of limitations. For a private individual, you would normally have 3 years to start a civil lawsuit, but when your accident involves a government employee you only have 180 days to file a claim. Furthermore, you must file your claim, in writing, with the agency involved.
Another hurdle to overcome in accordance to the CGIA is that you must wait at least 90 days (or until you hear from the agency) to file your suit.
What can I expect to collect?
When you’re involved in an accident with a private individual, attorneys will work to help you recoup enough losses to get you back to normal – no matter what the cost. Accident damages involving government entities, however, are capped at fixed amounts.
For a single person involved in an accident, the most you possibly recoup is $150,000. Two or more people can collect a maximum of $600,000. In any incident with a government employee, no person can collect any punitive damages.
For more information on car accidents involving a government entity, including federal employees, please continue reading more in our knowledge center.
If you’ve been involved in a car accident with a Colorado government employee and need assistance, please don’t hesitate to contact Denver’s own Mack Babcock today to schedule a free consultation with an experienced personal injury attorney.
We can help determine if you are eligible to collect damages.