How Do I Handle this Claim?

[jrcarroll291]

One of my clients was involved in an auto accident on Saturday where she was hit by a snow plow from one of the Lake Metro parks in our area. She was deemed 100% not at fault by the police. Wisely, she tried to file the claim against the plow drivers insurance, however, she was told that because it is considered work under a state government, the driver is not liable and therefore the claim must be filed under her own insurance. Is this true? I have been told that any government vehicle, whether it be a plow, ambulance, or police officer is actually waiver of liability if they are involved in an accident while on duty. So an ambulance rushing a patient to a hospital with their lights on strikes another vehicle - waived of liability. Crazy law if you ask me, but is it legit? I have never come across a claim like this. I am in Ohio btw, so any Ohio agents out there that have any advice on this would be greatly appreciated! Also, would this fall under comp or collision coverage? I know comp claims above $1500 are surcharged on renewal... so I am hoping this will fall under collision as a NAF so that her rates don't jump up. What do you guys think?

 

[djs]

Government vehicles tend to have 'sovereign immunity' which is what they are referring to. This basically means you have to get the governments permission to sue them in situations that requires it.

This was not a government vehicle though, but likely operated (and protected) the same.

If you can prove the plow driver was drunk or operating recklessly, then you might have a case. My guess is though, this was a standard 'ooops' and you won't get far.

Fortunately, this is a collision claim, not a comp claim. File with her carrier and let them fight the snow plow operator. You know they will send the bill and the snow plow operators insurance company will know if they really have a clause in their contract about operating as a government vehicle and take action appropriately.

Only issue with filing a collision claim with her carrier is she has to pay the deductible until subrogation is paid, if it is paid.

Dan

 

[VolAgent]

To add to what Dan said, states enjoy sovereign immunity over their residents, unless waived by Congress or the state legislature. Fortunately, most states have some sort of Municipal/State Liability Law which specifics the liability for municipal and other state organizations.

One of three things here
1. Ohio has no such provision in state law making state organizations liable for the actions of their employees and contractors.
2. The insurance company is just hoping she will buy it and go away.
3. The insurance company isn't fully aware of how it works in Ohio.

My bet would be on 3.

In Tennessee, I believe it is limited to $300,000 but I also believe there are ways to get around it at times.

 

[TriciaS]

I had this happen to me as the driver in NJ, and we have similar laws. My insurance company paid the claim, minus my deductible. I had to go to the town to get my deductible reimbursed. Some carriers did consider that against me, since a claim was paid, but others didn't, since I was literally stopped at the time I was hit and all the reports said so.
And was it an actual town plow, or a subcontractor they used? It could make a difference.

 

[jrcarroll291]

Thanks for the reply guys! You are both correct, as I assumed. I spoke to a claims manager at her insurance company as well as an adjuster and they both verified your info. She is best off submitting the claim with her own insurance company. I was told that states typically have no problem paying for the deductible, but that seems to be all you get out of them. Kind of a crock of $%!& if you ask me, but thankfully she is with a great carrier. Thanks for all the help gentlemen!

 

[moonlightandmargaritas]

What do you guys think?

I think you should consider moving somewhere a little warmer than Ohio...