Car accidents can happen to anyone using Michigan roads. But when those accidents that involve a state, city or Car accidents can happen to anyone using Michigan roads. But when those accidents that involve a state, city or county employee while driving or operating a government-owned vehicle, adds another layer of complexity to your car accident claim.
Generally, the government has limited immunity from being sued, but if you have been injured in an automobile accident involving the negligent operation of a government-owned vehicle, it is possible for you to pursue a claim for compensation thanks to an exception in government immunity laws.
You are likely on the road with vehicles owned by the local, state, or federal government every day. Government-owned vehicles can include the following:
An accident involving any of these vehicles or any other motor vehicle owned by the government are litigated slightly differently from other automobile accidents.
The Governmental Tort Liability Act (GTLA) protects the local and state government from being sued by individuals in many situations. However, the good news is, this act also outlines when the government may be held liable for the actions of its employees. In many cases, the law does not allow you to file a claim against the government.
There are exceptions to the general rule. When government employees—such as MDOT vehicle drivers, garbage truck operators, or police officers in a car chases—are involved in an automobile accident, victims can pursue a lawsuit against the responsible parties.
In general, government employees acting within the course and scope of their work duties cannot be held personally liable for their actions, except for grossly negligent conduct defined as substantial lack of concern for whether injury results. Instead, injured victims file suit against the State of Michigan, city, township, county, municipality, or other political subdivision where the government employee works.
The most common types of claims against the government that can be pursued in Michigan include the following:
No punitive damages can be sought.
In some instances, the Michigan governments are immune from liability. Those instances are described in Michigan Compiled Laws Annotated Chapter 691.
When determining fault and liability in automobile accidents and other personal injury cases, Michigan operates under a principle called modified comparative fault. Under this doctrine, a victim can still recover damages even if they are partially at fault for their injuries. A jury will determine and allocate the percentage of fault for all parties involved in the accident. The comparative fault law does apply in cases against government entities.
Your claim against the State of Michigan must be filed either with the Michigan State Administrative Board, or with the Michigan Court of Claims, which will depend on the amount of your claim. If your claim is for less than $1,000, you must file your claim with the State Administrative Board. If your claim is for more than $1000, you must file with the Michigan Court of Claims. It’s in your best interest to work with an experienced personal injury lawyers that handle claims against the government.
To file your claim with the State Administrative Board, fill out the free form DTMB-1104, available at the State Administrative Board website, and follow the instructions provided in the form documents. The Michigan Court of Claims also provides filing instructions on its website for your claim exceeding $1,000.
Every local government entity generally has its own set of local rules for properly filing claims against it. For example, in Detroit, claims are handled by the City of Detroit Claims Department. The claim forms are found on the Claims Department website, where you'll also find instructions about what to include with the form as proof, such as doctor's bills or verification of lost wages.
A governmental tort claim in Michigan must be filed within the time limits set forth by law, which are as follows:
If you or a loved one have been injured as a result of a car accident, you are urged to contact the attorneys of The Joseph Dedvukaj Firm. An Detroit car accident lawyer can help you get the compensation you deserve. Call now 248-352-2110 to start your claim or fill out online contact form below for a free, no-obligation case evaluation.
