What to do if my car was totalled by a police officer while on a call?

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What to do if my car was totalled by a police officer while on a call?

My car was hit and totaled by a DC police officer while on a call. This prevented me from working at my current job as a delivery driver. I am seeking damages from the DC government.

Asked on February 17, 2012 under Accident Law, Maryland

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are correct about pursuing a claim with DC.  You want to comply with all filing deadlines regarding the administrative claim with DC because if you miss a filing deadline in your administrative claim against DC, it may result in denial of your right to subsequently file  a lawsuit in the case.  If that administrative claim with DC is denied, you can then proceed with a lawsuit against the city and DC police department for negligence.  Prior to filing a lawsuit, it may be possible to settle the case with the insurance carrier for the DC police department.  Your claim would be the loss of your car and documentation of wage loss.  If you are dissatisfied with settlement offers from the insurance carrier for the police department, proceed with your lawsuit for negligence naming the city, the police department and the cop as defendants.  I assume you were not injured in the accident since you did not mention that.  If you were injured, when you complete your medical treatment and are released by the doctor, obtain your medical bills and medical reports.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  If the case is settled with the insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the insurance carrier, you will need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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