The flashing lights in your rearview mirror are usually behind you, not crashing into you. Being hit by a police car is a shocking, intimidating, and confusing experience. Your mind is likely racing with questions: Who investigates the police? Will they blame me? Who pays for my medical bills and car repairs?
First, take a deep breath. Police officers and the government agencies they work for are not above the law. You have the right to seek compensation for your injuries if an officer’s negligence caused your crash.
However, suing the government is not like suing a regular citizen. It involves a special set of rules, unique legal protections for the government, and strict, unforgiving deadlines. What you do next is critical. This guide will walk you through the steps you must take to protect your rights.
Understanding Sovereign Immunity: Why Suing the Government is Different
The first thing to understand is a legal concept called “sovereign immunity.” In simple terms, this ancient rule means you can’t sue the government (the “sovereign” or “king”) unless it gives you permission to do so.
In California, that “permission slip” is the California Tort Claims Act. This law sets out the very specific and strict rules you must follow to file a claim. If you fail to follow these rules exactly, your case can be barred forever, regardless of how strong it is.
What to Do at the Scene of an Accident with a Police Car
Your actions in the crucial moments after the crash can significantly impact your case. Stay as calm as possible and follow these steps.
- Prioritize Safety & Health: Check yourself for injuries. If you are hurt, call 911 or tell the officer you need medical attention immediately. Accepting medical care at the scene is important for your health and for documenting your injuries.
- Stay Calm and Respectful: Do not argue with the officer(s) at the scene. Be cooperative, but keep your answers to their questions brief and factual.
- Do Not Admit Fault: This is critical. Do not apologize or say anything that could be interpreted as an admission of guilt, like “I didn’t see you.” Let the investigation play out.
- Document Everything: Use your phone to take pictures of both vehicles, their positions, the damage, and the surrounding scene.
- Identify the Officer and Agency: Get the name and badge number of the officer involved, and note which agency they work for (e.g., LAPD, San Francisco Police, County Sheriff, California Highway Patrol). This is vital for your claim.
- Look for Witnesses: Get the names and contact information of any independent witnesses. Their testimony can be crucial in countering the official police narrative.
The Critical Hurdle: The California Tort Claims Act & Your 6-Month Deadline
This is the single most important rule in any case against a government entity. Before you can file a lawsuit against a police department, city, county, or the state, you must first file a formal “Notice of Claim” with the correct government agency.
Under the California Tort Claims Act, you have only six (6) months from the date of the accident to file this claim.
If you miss this deadline, you will likely lose your right to ever seek compensation for your injuries, no matter how strong your case is. This is an unforgiving deadline that insurance companies for regular citizens do not have.
Are Police Officers Always at Fault? Understanding Liability
A common question is whether police have special permissions to break traffic laws. They do, but only in specific situations, and their immunity is not absolute.
| Officer’s Situation | Legal Standard of Care | Can They Be Held Liable? |
| Non-Emergency Driving | The officer is held to the same rules as any other driver. | Yes. If an officer is on routine patrol and runs a stop sign, they are negligent. |
| Emergency Response (Lights & Sirens On) | The officer has immunities (can speed, cross the median), but must still drive with “due regard for the safety of all persons.” | Yes. An officer cannot blow through a red light at high speed without looking, even with sirens on. They are not allowed to be reckless. |
What Compensation Can You Recover in a Claim Against the Police?
If a police officer is found negligent, the government agency they work for is responsible for paying for the full extent of your damages. Your claim can include compensation for:
- Economic Damages: These are your measurable financial losses, including all past and future medical bills, lost wages, and lost future earning capacity if you are unable to return to your job.
- Non-Economic Damages: This is compensation for the human cost of the accident, including your physical pain, emotional distress, anxiety, and loss of enjoyment of life.
A Crucial Note on Punitive Damages: Punitive damages, which are designed to punish a defendant, are generally not available in claims against public entities in California.
Is Your Case Against the Police Viable?
When you’re facing a government agency, it’s easy to feel intimidated and wonder if you have a chance. Our free and confidential “Do I Have a Case?” tool can help you get a foundational assessment of your situation.
Do I Have a Personal Injury Case?
A Record of Success in Government Claims: Our $100,000 Settlement
Successfully suing a government entity requires deep knowledge of the special rules and deadlines. We represented a pedestrian who was struck by a city bus in a crosswalk. The city initially denied responsibility. Our team navigated the strict requirements of the Tort Claims Act, filed a powerful claim proving the driver’s negligence, and secured a $100,000 settlement for our client. This experience in holding government employees and agencies accountable is directly applicable to police car accident cases.
What Our Clients Say
“Attorneys Annie Levitt Heller and Carmen from Sally Morin Personal Injury Lawyers are the absolute best! They are dedicated, approachable and thorough in all their work. They provided the best possible outcome for my case (I was a pedestrian hit by a car in a crosswalk) and supportive every step of the way. I would absolutely recommend Sally Morin Personal Injury Lawyers to anyone Forever grateful to them!” – Steve, Yelp Review
Read Steve M.'s review of Sally Morin Personal Injury Lawyers on Yelp
“I never in a million years thought that I would be in a pedestrian accident, so I was completely overwhelmed when 1) it happened and 2) I had to immediately start attempting to understand the insurance process that goes along with it. I started researching online what to do, and I realized that I didn’t have time and wasn’t well equipped to handle these companies at all. In the end, I started looking for personal injury attorneys and came to Yelp and saw this law firm, which was such an incredibly lucky thing to happen.
Rebecca and Carmen stayed in contact with me consistently throughout the entire process, which took a little over a year due to my medical appointments/expenses. They were both so incredibly thoughtful, smart, straight to the point, and very experienced. I feel forever indebted to Rebecca for how well and how hard she worked to negotiate my settlement.
Outside of keeping them in the loop whenever I had another medical bill, I really didn’t have to do anything. Their positive attitudes definitely put me at ease for the entirely of my recovery and the insurance claim process. Thank you guys so so much.” – Erin, Yelp Review
Read Erin M.'s review of Sally Morin Personal Injury Lawyers on Yelp
Frequently Asked Questions about Police Car Accidents
Don’t Be Intimidated. Hold Negligent Officers Accountable.
Being injured by a police officer is a serious and complex matter. You need a legal team that is not afraid to take on a government agency and that has a deep understanding of the unique laws and deadlines that govern these cases.
At Sally Morin Personal Injury Lawyers, we have a proven track record of success in claims against government entities. We are here to protect your rights and fight for the compensation you deserve.
Contact us today for a free and confidential case evaluation. Call 877-380-8852 or get in touch online to get started.
