June 15, 2024

What if I Need to Sue the New York State Government for an Auto Wreck?

Car accidents can happen to anyone, and they often leave victims with injuries, medical bills, and property damage. In some cases, the accident may have been caused by unsafe roads or highways maintained by the New York State government. If you find yourself in this situation, you may be wondering if you can sue the state government for compensation.

While it is possible to sue a state government entity for an auto wreck, there are several challenges that come with it. One of the biggest obstacles is sovereign immunity laws that protect state governments from being sued without their consent. However, there are exceptions to these laws that allow victims to seek compensation under certain circumstances.

Filing a Notice of Claim: Time Limits and Procedures

Filing a Notice of Claim is a crucial step in suing the New York State government for an auto wreck. It is important to understand the time limits and procedures involved in filing a notice of claim to ensure that your case is not dismissed due to late filing.

The time limit for filing a Notice of Claim is ninety days from the date of the accident. If you fail to file within this time limit, it may result in late filing, which could lead to the case being dismissed. Therefore, it is essential to act quickly and consult with an experienced attorney who can guide you through the process.

Procedures for Filing a Notice of Claim

The Notice of Claim must include specific information such as the date, time, and location of the accident, as well as injuries sustained and damages incurred. The document must be properly served on all relevant parties, including the state agency or municipality responsible for maintaining the road where the accident occurred.

It is also important to note that there are certain exceptions to this rule. For example, if you were physically unable to file within ninety days due to your injuries, you may have additional time to file. However, it is still essential that you contact an attorney as soon as possible after your accident so they can begin preparing your case.

Limitations When Suing a Government Entity 

Governmental vehicles may have special duty limitations that affect liability for damages. These limitations vary by state and locality but generally provide immunity from lawsuits for certain actions taken in the course of official duties. However, there are exceptions when government employees act negligently or recklessly.

Individuals involved in an auto wreck have the right to seek compensation for injuries and damages but may need to take extra steps with the appropriate agency or entity before proceeding with legal action. This is particularly true when suing a government entity for damages resulting from an auto wreck involving a governmental vehicle.

Your police report and other documentation can be crucial in establishing liability and determining the appropriate course of action. Police reports often include details about how the accident occurred, who was involved, any witnesses present at the scene, damage estimates, and any citations issued.

Bringing a Claim Against a Local Government in New York

Bringing a claim against a local government in New York can be a complicated process. However, by following the proper procedures and requirements, claimants can increase their chances of success.

Additionally, it is crucial for claimants to provide sufficient proof of their claims. This includes evidence of property damage or personal injury, as well as any relevant policies or requests made to the municipality.

When identifying drivers and passengers involved in an auto accident with a municipal vehicle, it is important to follow reporting requirements and liability limits set forth by New York state law. This includes reporting property damage within ten days and identifying all parties involved in the accident.

Seek Out an Attorney’s Help When Suing the Government 

Overall, bringing a claim against a local government requires careful attention to detail and adherence to specific procedures. It is recommended that individuals seek legal counsel from experienced attorneys familiar with New York court proceedings before pursuing such claims.

At Greenstein & Milbauer, LLP, we understand how tough it can be to sue a government agency, but we’re here to make your case easier, starting with a free consultation. When you’re ready to learn more about our services, reach out by calling 1-800-VICTIM2 or by completing the online contact form below.

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