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Involved in An Indiana Car Accident with A Police Car?

Guy DiMartino Dec. 2, 2014

A woman was sitting at the stop light on US 20 and the next thing she knows she is hit in the rear-end and pushed into the intersection. Another car comes by and plows into her and she is hurt pretty bad. The rub is that the guy who hit her in the rear was a police officer. Does she have a claim against the police department? Is there anything special that has to be done?

The answers to these questions are yes and yes, however, this claim is different then a typical car crash claim because it falls under the Indiana Tort Claim Act.

In order to receive compensation in these types of car accidents, you have to jump through a number of hoops:

  • You have to provide specific notice to the agency.

  • You have to provide notice within 6 or 9 months depending on the agency or your claim is lost.

  • The agency has 90 days to review the claim, and you are not allowed to file suit until the 90 days are over.

  • Compensation for injuries to an individual is capped at $700,000.

  • You cannot have any fault in the accident. If the driver of a governmental vehicle is found to be 99% at fault and you are 1% at fault, your claim is barred under contributory negligence.

Filing claims against governmental or municipal agencies because of an injury can be complex and my best advice is that you contact an Indiana personal injury lawyer immediately because the timeframes to file a claim is shorter than typical Indiana injury and accident cases.