What to Do After an Accident with a Government Vehicle

You’re stopped at a light in Tacoma when a city bus bumps into your rear bumper, or a county maintenance truck makes an unsafe lane change and sideswipes your car. At first, it might seem like any other accident. But when the other driver is a government employee operating a public vehicle, you have entered a completely different legal world with its own unique and unforgiving set of rules.

You cannot simply file a standard insurance claim and negotiate a settlement. Suing a government entity—whether it’s the City of Tacoma, Pierce County, or the State of Washington—is a highly technical process governed by the principle of “sovereign immunity.”

While Washington State has waived this immunity, meaning you can sue the government, you must first follow a very strict and specific set of procedural hurdles. Failure to follow these rules perfectly can result in your claim being barred forever, no matter how strong your case is.

Useful Information for You: In a Nutshell

• These Claims are Different: You cannot just file a lawsuit. You must first file a formal “Tort Claim Form” with the specific government agency involved.
• Strict, Shorter Deadlines Apply: The statute of limitations to sue the government is still three years, but you must file the formal Tort Claim Form and then wait a specific period (typically 60 days) before you can file a lawsuit.
• Identifying the Right Agency is Crucial: Was it a city bus, a county sheriff’s car, or a WSDOT state vehicle? You must file your claim with the correct government entity.
• The Government Investigates Itself: The agency’s risk management department will investigate your claim.
• This Process is Complex: The procedural requirements are designed to be difficult. An error on your claim form can be fatal to your case. Professional legal help is highly recommended.

The Most Important Step: The “Tort Claim Form”

This is the absolute, non-negotiable first step. Before you can even think about a lawsuit, you must formally present your claim to the government on their specific form. This is a legal prerequisite.

• What it is: A detailed form where you must state the facts of the accident, the nature of your injuries and damages, and the names of the government employees and agencies involved.
• Who you file with: You must file with the correct agency.
  • For a City of Tacoma vehicle (like a city bus or garbage truck), you file with the City of Tacoma’s Risk Management office.
  • For a Pierce County vehicle (like a sheriff’s car), you file with the Pierce County Risk Management department.
  • For a Washington State vehicle (like a WSP trooper or WSDOT truck), you file with the Washington State Department of Enterprise Services Office of Risk Management.

The Critical Waiting Period

After you have properly filed your Tort Claim Form, you cannot immediately run to court. Washington State law requires you to wait for a specific period, typically 60 calendar days, to give the government agency time to investigate and respond to your claim.

If they accept your claim and offer a settlement during this time, the case can be resolved. If they deny your claim or the 60 days pass without a resolution, you are then free to file a formal lawsuit.

Why These Cases Are So Difficult

Government entities are well-defended and have entire departments dedicated to minimizing their payouts. They will scrutinize your claim for any procedural error.

• A Mistake on the Form: A small mistake or omission on your Tort Claim Form can be used as a reason to have your entire case dismissed.
• Proving Negligence: You must still prove that the government driver was negligent, just like in any other accident.
• Navigating Bureaucracy: Dealing with a government risk management department is often even more difficult than dealing with a private insurance company.

You only get one chance to file your claim correctly. The strict procedural requirements and short timelines make it extremely risky to handle a claim against a government entity on your own.

If you have been injured in an accident involving a government vehicle in the Tacoma area, it is crucial to act quickly and get expert legal help. Search the Car Accident Lawyer Directory Tacoma to find and compare trusted local attorneys who have experience with these unique and challenging government tort claims.

References

• Revised Code of Washington (RCW 4.92) – Actions against state:The official state law that governs tort claims against the Washington state government, including the requirement to file a formal claim before a lawsuit.https://app.leg.wa.gov/RCW/default.aspx?cite=4.92
• City of Tacoma – File a Claim:The official page and forms for filing a tort claim against the City of Tacoma.https://www.cityoftacoma.org/government/city_departments/city_attorneys_office/risk_management/file_a_claim
• Washington State Department of Enterprise Services – File a Tort Claim:The official resource and claim form for filing a claim against the State of Washington.https://des.wa.gov/services/risk-management/file-tort-claim