Is a government agency exempted from paying the expense of a new vehicle once it has been determined the property of the government caused the accident?

A swing gate on government property was not secured during high winds which impacted a vehicle (determined “totaled” by the insurance company). The government agency is claiming the gate may have been unsecured due to vandalism but their not certain since they do not routinely check to ensure the gate is secured at all times.

Asked on July 10, 2012 under Accident Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

I'm a little uncertain what you want from the agency.  Isn't your insurance handling the claim?  In order to have a cause of action against the agency, you must show that they were negligent in some way.  You want to file a claim against the government agency.  If you fail to file a claim within 6 months, you lose the right to sue in court.

Best of luck.

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