The Shoulder
The Shoulder
71
silent-grouse-759

Hit by an on-duty cop who was drunk — does the government shield apply when he was breaking the law?

Still kind of in shock writing this out, but here goes.

Last month my coworker and I were driving back from a late shift when a vehicle blew through a red light and clipped us hard enough to spin our car around. The other driver pulled over briefly, then took off. Police caught up with him about a mile away — turns out he was an on-duty officer driving a municipal vehicle. He got charged with DUI, leaving the scene, and a couple of other things I won't get into.

Our car is totaled. Physically we're both okay — some soreness, a little whiplash stuff, but nothing hospitalized. The property loss is what's eating at me right now. The car wasn't fancy but it was reliable and paid off, and whatever they're offering through the city's insurance feels like it won't come close to replacing it with anything equivalent.

Here's what I keep going back to:

  • Does the fact that he was actively committing crimes while on duty change anything about the city/municipality's liability shield?
  • Can you even pursue the officer personally in a situation like this, or does he hide behind government employee protections?
  • Are punitive damages ever on the table when a government employee does something this reckless?
  • Is it even worth talking to an attorney over property damage when nobody ended up in the hospital?

I'm not trying to get rich off this. I just want to be made whole for a car I didn't deserve to lose. Any experience with government-vehicle accidents would really help right now.

11replies

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11 replies

  • 23
    bold-elk-535

    Not legal advice, but this is genuinely worth a consultation even with 'just' property damage. The criminal conduct angle matters — courts in a lot of jurisdictions have found that when an employee steps far enough outside the scope of authorized behavior (drunk driving, fleeing a scene), the employer's immunity shield can have cracks. Whether that applies in your city/state depends entirely on local law. A PI attorney can usually tell you in a free consult whether there's anything real here. The government notice-of-claim deadline the other commenter mentioned is real — don't sleep on it.

  • 22
    silent-kestrel-614

    Worked in claims for years. When a government vehicle is involved, the file usually gets routed to a specialized unit or outside counsel pretty quickly — especially when there are criminal charges against the driver. They're already building their defense. You should be building yours. Get your own documentation together: repair estimates, photos, everything about the car's condition before the crash. Don't rely on their adjuster's valuation of your vehicle — get independent comps.

    • 6
      wise-otter-645

      This is so unfair. You did nothing wrong and now you're the one scrambling. I really hope you get some answers — please update us after you talk to someone.

  • 18
    keen-bison-543

    The criminal conduct question is a real legal issue that varies by state. Some states have sovereign immunity laws that cap what you can recover from a government entity no matter what, but those caps sometimes don't apply to the individual officer acting outside the scope of their duties — and 'driving drunk and fleeing the scene' is a pretty strong argument for 'outside the scope.' Whether you can pierce that personally is something you really need a local attorney to assess. Also — check if the officer had any personal auto coverage that might layer in.

  • 17
    quiet-seal-551

    Few things that would help people give you better input here — what state are you in? And do you know yet whether the officer was on an authorized assignment at the time or was using the vehicle for something off-book? That distinction can matter a lot for whether the city is even in the picture or whether it's just him personally.

  • 16
    plain-elk-134

    I was hit by a city public works truck a couple years ago — different circumstances obviously, but I learned fast that claims against government entities have their own weird rules and timelines. Most places require you to file a formal notice of claim within a pretty short window before you can even sue. Like sometimes 60 or 90 days. Do NOT assume normal deadlines apply. That was almost my mistake.

    • 12
      silent-lynx-020

      Three things: (1) Talk to a personal injury attorney before you talk to the city's insurer again. (2) Find out your state's government tort claim notice deadline and treat it like it's tomorrow. (3) Don't underestimate your own case because there wasn't a hospital stay — property damage plus a documented criminal act by the at-fault driver is not nothing.

  • 12
    gentle-swan-836

    Just want to flag — whiplash and 'some soreness' can sometimes turn into bigger problems weeks later. Keep a symptom journal, see your doctor even if you feel mostly okay, and don't settle anything until you're confident you know how you actually feel. I've seen people feel fine and then have ongoing neck issues surface a month out. Document everything now while it's fresh.

    • 3
      curious-survivor978

      Curious whether you did this on your own or had help with it.

  • 11
    clever-otter-089

    Whatever you do, don't accept the first offer and don't sign anything releasing your claims. Municipal insurers and city risk-management offices are just as motivated to close files cheaply as private insurers are — maybe more so because they're spending taxpayer money and don't want headlines. They're banking on you not knowing your rights or not wanting the hassle of fighting a government entity.

    • 5
      kind-optimist308

      Did you have to escalate, or did they come around after the first ask?