If I was rear-ended by a sheriff’s officer driving an official car, can I sue?

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If I was rear-ended by a sheriff’s officer driving an official car, can I sue?

There were no injuries but my car is totaled.

Asked on February 13, 2013 under Accident Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue; while there may be issues of immunity as an argument, the fact is you can sue for the negligence caused by officers generally for such matters. You should consider first contacting the county offices and see if there is a filing process directly with the county attorney office which may be just asking for replacement of the car and so forth. If there is no such mechanism or the attorney does not wish to help or be cooperative, get yourself an attorney to sue and make sure you have all the records you can get, including any traffic accident reports.


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