If a city worker totalled my car in his own vehicle but while on clock at a work site, can I also go after the city as well?

A city worker was driving recklessly on the street where they are intalling new water lines. My car was in the driveway. He was speeding, lost control of car and mine hit, totaling it. The insurance company he has is a kinda fly by night outfit and I know that it won’t give me too much for my older vehicle. Can I go after the city because he was on the clock during working hours when the accident ocurred? Or am I just stuck with the insurance company?

Asked on July 13, 2012 under Accident Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all sattes in this country, you have a claim against the individual employee who was carelessly driving for the damages to your car as well as his employer (the municipality) since the careless employee was as you say "on the clock" and actually working when the mishap occurred.

Be aware that with a municipality, in order to file a lawsuit, you need to submit a governmental claim first for acceptance or rejection. I suggest that you also make a claim with your own insurance carrier as to what transpired.

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