What are my rights if a township vehicle hit my car but the township is taking no responsibility except reimbursement of our deductible?

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What are my rights if a township vehicle hit my car but the township is taking no responsibility except reimbursement of our deductible?

I had a township snow plow hit my parked car while no one was in it. I was told that the claim had to go through my insurance company and all the township would pay is my deductible and my insurance company would have to pay the rest. My insurance company showed we were not at fault but our insurance premiums have gone up for the next 5 years. The insurance company says this is because they are not being reimbursed. This doesn’t sound right since the township is not held accountable for their actions. Is there anything we can do?

Asked on January 9, 2012 under Accident Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you honestly believe that the township was at fault for the damage to your vehicle that your insurance carrier ended up paying for resulting in you having higher premiums, I would first make a proof of claim under your state's government code for the damages to your car as a prerequisite for you to file to suit.

Assuming the claim is rejected, you have so long to file suit against the township for your damages. Given the complicated nature of suing governmental entities, I suggest that you consult with an attorney who practices law in the area of representing plaintiffs against governmental entities.

 


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