What Happens If a Cop Hits Your Car? Police Car Accident Claims and Compensation Explained
Every driver oughtta what happens if a cop hits your car. After all:
- Cops are more likely to be involved in a car crash than the average driver
- There are legalities that apply to these crashes that don’t apply to car crashes involving regular drivers
- You only have a short time to file a claim
- The cop may be immune from having to pay you. But…
- You still have a right to claim compensation in some cases
Understanding Your Rights After an Accident Involving the Police
Your basic rights don’t change just because a police car hit you.
- You still have the right to medical care
- You can file a police report – and you should
- Your insurance is valid, and your claim, if covered, should be paid out
- You can sue the cop, the police department, or even the municipality if the officer’s immunity doesn’t cover the incident
What Happens If a Police Car Hits You?
- You call for help
- You get treatment for your injuries
- There’s an investigation. Insurance gets involved. Government procedures get involved
- The investigation ends and you find out the result
- From there, you decide what you want to do. A lawyer can help you out here
Common Scenarios When a Police Car Hits Your Vehicle
Officer Bob speeds down the road. Runs a red light. Sideswipes your car. But he had the lights and siren going because he was heading to a crime scene.
Two cars crashed and Officer Tiffany is heading to the spot. She’s speeding down the road but doesn’t have her lights and siren on. She blows past a stop sign and hits your car.
Officer Toby is eating while driving, fails to notice your car stopped suddenly and hits you from behind.
What’s the end result?
- Officer Bob did everything right. You can’t sue him
- Officer Tiffany was supposed to turn on her lights. You have grounds to claim some compensation
- Officer Toby was a distracted driver and was clearly 100% at fault
Who Is at Fault in a Collision With a Police Car?
All traffic rules apply to police unless they’re:
- Responding to a call
- Chasing a suspect
- Taking part in a rescue operation
If police are engaged in these activities, they can break certain traffic rules. But they have to have lights and sirens on. And their actions have to be reasonable. They can’t be reckless or completely disregard other drivers.
Establishing Police Officer Negligence
Police officers who drive negligently may:
- Speed without a good reason to
- Drive without paying full attention to the road
- Change lanes unsafely
- Not use proper emergency signals (lights and sirens)
When Are Police Officers Exempt From Traffic Laws?
- When they respond to emergency calls
- When they’re involved in a rescue operation
- When they’re chasing a suspect
But…
- Police have to have their lights and sirens on
- Police can’t be completely reckless in their driving even if they’re doing their jobs
Get Legal Guidance After a Police Car Accident
Police Officers Are Often Exempt From Certain Traffic Laws
All emergency vehicles can legally break certain traffic laws during an emergency. This includes:
- Running a red light
- Ignoring stop/yield signs
- Driving between lanes
- Driving in the wrong lane
However, the “right” to break these laws isn’t automatic in all emergencies. The driver has to:
- Have lights and sirens on
- Watch out for other drivers and pedestrians
Immunities and Tort Liability in Police Car Accidents
Sovereign immunity and governmental immunity protect police officers, police departments, and municipalities from many types of lawsuits.
But there are exceptions: You can sue for:
- Injury
- Negligence
- Violations of your Constitutional rights
If an officer injured you by hitting your car, you can claim compensation for your injuries.
If the officer was negligent, you can claim property damages.
How Government Immunity Laws Affect Accident Claims
Unfortunately, immunity laws (which are different in each state), affect the claims process. There are:
- Special filing rules
- Shorter deadlines
- Compensation limits
What to Do Immediately After a Police Car Hits Your Vehicle
- Dial 911 to get medical help
- Document the scene by taking photos and videos
- See who’s around and get witness’ information
- Ask police to write up an accident report
- Be polite and respectful but don’t say anything that could be misunderstood as you taking the blame for the accident
Evidence That Can Help Your Police Car Accident Claim
- Photos/videos of the accident scene
- Surveillance video from surrounding buildings
- Witness statements
- Police reports
- Dashcam footage
- Footage from a cop’s body camera
You need lots of evidence, and strong evidence, if you hope to win your claim.
How to Prove the Police Car Was at Fault
It’s not easy to prove lice negligence. Here are some things that can help you:
- Get a lawyer
- Ask your lawyer about accident reconstruction experts. These experts can show how and why an accident happened, and thus, who’s to blame
- Find out if the officer has a record or previous accidents
Hit by Police Car Compensation – What Damages May Be Available?
Compensation rules vary depending on jurisdiction. But generally speaking, you can file a claim for:
- Medical expenses
- Lost wages
- Pain and suffering
- Vehicle damage
- Cost of rehabilitation
Potential Damages for a Collision Involving a Police Car
State law (and the nature of your injuries) may allow you to claim economic and non-economic compensation.
- Economic compensation covers your expenses
- Non-economic compensation covers pain, suffering, trauma, etc.
Damage Caps in Police Car Accident Cases
Unfortunately, there are limits on how much you can claim. These vary depending by state and even by municipality.
Ask your lawyer what the limits are. This will give you a realistic idea of how much you can expect to get.
Statute of Limitations on Claims Involving Government Agents
Each state has a statute of limitations. This means that you can’t file a lawsuit against someone after a certain point in time. Even if you have clear, strong evidence in your favor.
The deadline for accidents involving government agencies is usually shorter than other types of cases.
Should You Seek Compensation Through Your Auto Insurance?
Yes. If you can.
It doesn’t affect your case. Insurance will pursue reimbursement if it already paid for expenses you’re getting compensation for.
Can You File a Wrongful Death Claim After a Police Car Crash?
You may be able to file a wrongful death claim if a police car crash killed a close loved one:
- Parent
- Sibling
- Child
- Stepchild
- Spouse
But there are legal hoops you’ll need to go through. Cops have immunity under certain circumstances. Get a good lawyer if you do plan to file such a suit.
Should You Hire a Lawyer After a Police Car Accident?
If you weren’t too badly hurt and insurance isn’t pulling out its bag of dirty tricks to deny you coverage, you might want to move on.
On the other hand, you may want to sue if:
- The cop was negligent
- You or others in your car were badly hurt
To do this, get a good lawyer. As quickly as possible.
How a Police Car Accident Attorney Can Help
- Lawyers help you collect and organize evidence
- Lawyers prevent you from saying things that could hurt your case
- Lawyers know which experts can boost your case and how to find them
- Lawyers know the paperwork requirements, procedures, and deadlines
- Your lawyer can also help you negotiate with your insurance agency
Common Challenges in Police Car Accident Claims
It’s not easy to file a police accident claim. Common challenges include:
- Disputes over who’s at fault
- Problems finding and collecting evidence
- Government defenses
- Procedural requirements
Remember, you’re not just challenging a single driver. You’re challenging someone who’s got the backing of the local government.
Conclusion – What Happens If a Cop Hits Your Car?
What happens if a cop car hits you?
- Remain calm
- Dial 911 to get help
- See a doctor right away to find out how badly you’re hurt
- Take photos and videos of the accident if you can
- Ask witnesses to tell what they saw
- Make note of nearby surveillance cameras and ask the owners of these cameras to preserve the evidence
- Get a copy of the police report
- Think about what you want to do next. If you want to pursue compensation, get a lawyer as quickly as you can
Our lawyers at LedgerLaw have the experience and expertise you need to buck local police departments and win your case. And we have the winning track record to prove it.
Call us today to find out more. Or to schedule an appointment. First consultations are always free and we offer personalized advice that can help you make smart decisions even if you don’t wind up hiring us.
FAQs About What Happens If a Cop Hits Your Car
What happens if a cop hits your car during a traffic stop?
These accidents are probably the cop’s fault. And you have grounds to sue if you were badly hurt and/or the cop caused a lot of damage.
Can you sue the police if a police car hits you?
Only if:
- The cop broke the law and
- What he or she did isn’t covered by immunity
Who pays if a police officer causes a car accident?
It may be the cop. Or it might be the police department.
What compensation can you receive after being hit by a police car?
You can file for:
- Medical bills
- Lost wages
- Pain/suffering
- Rehabilitation
- Wrongful death
How do you prove a police officer was at fault in a car accident?
- Photo/video evidence
- Witness testimony
- Expert witness testimony
What should you do immediately after a police car hits your vehicle?
Dial 911. Then document the scene if it’s safe to do so.
Is there a deadline to file a claim after a police car accident?
Yes. But it depends on the type of accident and where you live. Ask your lawyer what it is in your situation.
Should you hire a lawyer after an accident involving a police vehicle?
If you plan to file a lawsuit, absolutely.
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