state owned vehicle at fault. state refusing to pay claimant for deductible

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state owned vehicle at fault. state refusing to pay claimant for deductible

State snow plow runs into private
vehicle. police report puts at fault
plow driver. Private insurer paid
damages and will collect from state.
state refusing to pay deductible.
Private owner does not have 500. Car is
finished repair. Owner cannot get car
back and insurer cancelled loaner as
repairs are done. Shouldn’t state be
liable for any and all damages?

Asked on February 4, 2019 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They should be liable under the facts you describe. The problem you have is that if they won't pay voluntarily, the only way to force the state to pay is by suing it--and in the meantime, you still owe the repair shop its money to get your car back. The state may owe you but it does not owe the repair shop, since they did not hire them to make the repairs. You have to pay the shop, then look to get your money back from the state. Also, there are special notice and paperwork requirments for suing the state, setting shorter deadlines and making it more complex than suing a private person or business: it is not easy for a nonlawyer to sue the state.


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