Q: How can I go after a police officers surety bond or public liability insurance required to hold public office?

A: Actually, in a motor vehicle collision case, you cannot file a lawsuit against the other driver's insurance company. That is called a 'direct action' and is not permissible under Texas law. A few other states do allow such a 'direct action' against the insurance company, but most do not. You need to sue the other driver. The other driver can then tender the claim to his/her insurance company and request a defense. While a peace officer is not required to carry liability insurance, the same legal principle applies if they do.

A peace officer's bond is payable to the governor. It is a surety bond pertaining to their performance of their duties as a peace officer. Unless you are the governor, you have no standing to sue on the bond.

A: To obtain information on a police officer’s surety bond or liability insurance, start by submitting a public records request to the appropriate state or local agency. Most states have transparency laws, such as the Freedom of Information Act (FOIA) or state-level equivalents, that allow you to request documents related to public officials. Contact the city or county clerk’s office, the state insurance department, or the agency that employs the officer to ask for the bond or policy details. Be specific in your request, citing relevant public records laws and requesting the officer’s surety bond certificate or liability insurance policy.

If the agency refuses to provide the information, check state laws on bond disclosures and appeal the denial if necessary. Some states require bonds to be filed with the Secretary of State’s office, the state’s risk management division, or the state comptroller. You can also search the state’s online databases if available. If you suspect obstruction, send a written demand citing laws that mandate public access to official bonds. It may take persistence, but agencies are generally required to release non-exempt public records.

Once you have the bond or insurance details, draft and submit your claim directly to the bonding or insurance company, outlining the damages caused by the officer. Provide supporting evidence, including police reports, witness statements, or other documentation proving misconduct or harm. The insurance or bond company will investigate the claim, and if it is valid, they may offer a settlement. If they deny it, you can pursue further action, such as filing a formal complaint with the state insurance commissioner or taking legal steps to challenge their decision.