Bend, OR asked in Personal Injury and Gov & Administrative Law for Oregon

Q: Does the government have immunity if one of their employees hit me in a government-owned vehicle?

2 Lawyer Answers
Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: No. You will have a personal injury lawsuit just like you would in any type of car accident, but you have to do what is called a tort claim notice if the government agency is an Oregon State or Local Agency and that notice needs to be sent out within 180 days of the accident or you lose your rights. If it is a Federal Government vehicle/employee I think there is a similar Federal Tort Claims notice requirement but I don't know the details on Federal Notices as they rarely come up in my practice. It shouldn't be hard for an attorney to figure out though. Suffice it to say that you need to hire an attorney to represent you ASAP to make sure that the proper tort claims notices are sent out to preserve your rights.

Mario F. Riquelme
Mario F. Riquelme
PREMIUM
Answered
  • Bend, OR
  • Licensed in Oregon

A: For all practical reasons, the answers is no, the government does not have immunity from liability from a run of the mill car accident. However, if you intend to sue the government, there are certain very technical requirements which you must abide by, and which vary by which type of governmental entity you intend on suing. The best advice is to hire a good personal injury attorney as soon as possible, and let them protect your rights.

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