What to Do When You're Hit by a Police Car

Being in a car accident is difficult enough, but when the collision involves a police car, the situation can become far more complicated. Questions about liability, insurance, and the legal responsibilities of law enforcement can leave you unsure of your next steps. Knowing how to handle these challenges is empowering and can protect your rights and recover the compensation you deserve. 

This guide will walk you through what to do after a police car accident and how to navigate the legal and insurance processes that follow.

When the Unexpected Happens: First Steps After the Accident

Be Safe and Stay Calm

Immediately after the accident, your well-being and that of your passengers come first:

• Check for Injuries: Assess yourself and others for injuries and call for medical help if needed.
• Move to Safety: If possible, move vehicles out of traffic to prevent further harm.
• Call 911: Report the accident, especially since it involves a police vehicle.

Gather Information

A police car accident often draws extra attention and requires careful preparation. Follow these steps to protect yourself and build a strong case:

• Take photos and videos of the scene, including vehicle damage, road conditions, and traffic signs.
• Collect witness contact details and statements.
• Record officer behavior or comments that might be relevant later.

Police Accountability in Collisions

Who’s at Fault?

According to California Vehicle Code Section 21806 all drivers, including emergency vehicles, must exercise caution and operate their vehicles safely. While emergency vehicles have certain privileges, they still have to safely share the roads with others.

Police officers, like any driver, must adhere to traffic laws. Even during criminal pursuits. While officers may have legal exemptions during emergencies, this doesn’t give them a free pass if negligence occurred.  

Sovereign Immunity: What It Means for You

Sovereign immunity is a legal principle that shields government entities, including police departments, from being sued in many situations. This protection stems from the idea that governments should be free to perform their duties without constant legal interference. However, it doesn’t mean they’re entirely off the hook.

When Sovereign Immunity Doesn’t Apply

While sovereign immunity can limit lawsuits, exceptions are made for cases involving:

• Gross Negligence: When an officer’s actions go beyond ordinary carelessness, such as reckless driving without cause.
• Reckless Misconduct: Behavior that shows a disregard for the safety of others, even during emergencies.
• Negligence Outside Official Duties: If the officer was not performing job-related duties at the time of the accident, sovereign immunity may not apply

Reporting the Incident

If you believe the officer was at fault, file a formal complaint with the department’s Internal Affairs Division. Be detailed and include all evidence to support your case.

Filing an Insurance Claim: What You Need to Know

Accidents involving government vehicles often require dealing with both your insurance and the police department’s insurance provider. Here’s how to handle it:

1. Notify your insurance provider immediately.
2. Submit the police report, photos, and medical records.
3. Be prepared for delays or challenges when dealing with government insurance agencies.

Gather the Right Documents

For a smoother claims process, have these ready:

• Police report
• Repair estimates
• Medical records for any injuries
• Witness statements

Why Hiring a Personal Injury Lawyer is a Smart Choice

After an accident involving a police car, insurance might not cover the full extent of your losses. In these situations, pursuing legal action can help you recover the compensation you’re owed. Here’s how a personal injury lawyer can support your case and maximize your outcome:

Filing a Civil Lawsuit Against a Police Department

Suing a government entity like a police department comes with specific legal hurdles. Laws such as sovereign immunity require you to file a government claim before you can move forward with a lawsuit. Each state has its own deadlines and procedures, and small missteps can ruin your case.

A personal injury lawyer can:

• File all paperwork correctly and meet every deadline.
• Conduct a detailed investigation to determine liability, even when the police department denies fault.
• Navigate all of the legal procedures so you don’t have to.

Negotiating Settlements: Don’t Settle for Less

Most cases involving police vehicles settle out of court, but government agencies and insurance companies tend to offer low payouts or delay negotiations. With an experienced lawyer by your side, you’ll be in a much stronger position:

• Maximizing Compensation: Your lawyer will evaluate the true value of your case, considering medical expenses, lost income, and long-term impacts.
• Building a Compelling Case: Through evidence and expert testimony, they’ll create a strong argument for fair compensation.
• Relieving the Stress: They handle the negotiations, allowing you to focus on recovery while they advocate for your interests.

How Long Do I Have to File a Claim?

The timeframe to file a claim involving a police car varies by state, particularly when government entities are involved. Here’s what you need to know:

California

In California, claims against government entities, including police departments, must be filed within 6 months (180 days) of the incident. This deadline applies to filing a government claim, which is required before pursuing a lawsuit. Once the claim is denied or ignored, you generally have 6 months from the denial date to file a lawsuit.

Nevada

In Nevada, you must file a claim against a government entity within 2 years of the accident. However, before filing a lawsuit, you may need to adhere to local claim procedures depending on the specific city or county involved. 

Washington

In Washington, you are required to file a claim with the relevant government entity within 60 days before filing a lawsuit. The statute of limitations for personal injury cases, including those involving government entities, is 3 years from the date of the accident.

Each state has strict rules, and missing these deadlines could disqualify you from recovering compensation. Speak with a lawyer as soon as possible to ensure your rights are protected.

Hit by a Police Car? Let Us Fight for You

Were you hit by a negligent police car on or off duty? At West Coast Trial Lawyers, we’re here to fight for your rights. With over $1.6 billion recovered for our clients, we know how to fight for the compensation you deserve. Our team is available 24/7 to meet you wherever you are, and we’ll never charge a fee unless we win your case.

Led by Neama Rahmani, a Harvard-educated attorney and one of the youngest graduates in Harvard Law School’s history, we bring experience, compassion, and a relentless commitment to justice to every case we handle. As a result of his leadership and dedication, our multilingual team is committed to help our deserving clients, so let us take the burden off your shoulders so you can focus on healing.

Call (213) 927-3700 or fill out our online contact form to connect with our legal team today. We’re here to fight for you.

FAQs About Police Car Accidents

What Happens if the Officer Was Responding to an Emergency?

While officers may have legal leeway in emergencies, they’re still expected to act reasonably. Negligence under these circumstances can still lead to liability.

Is the Process Different From a Regular Car Accident?

Yes, accidents involving police cars often involve added steps, such as filing a government claim before pursuing legal action and dealing with potential immunity laws.

Who Pays for Damages—the City, the Officer’s Insurance, or a Third-Party Insurer?

If the officer was on duty, the city or the police department’s insurance typically pays. If they were off duty, their personal insurance may be responsible.