Hit by a Government Vehicle in Utah

Short answer: You can usually bring a claim when a government employee’s negligent driving causes a crash, but the rules are stricter than for an ordinary driver. In Utah, a written notice of claim must reach the right office within one year, a lawsuit cannot be filed until 60 days after that notice, and damages are capped by statute.

A crash with a city garbage truck, a UDOT plow, a school bus, a UTA bus or a police car starts out like any other collision. The difference shows up in the paperwork. Claims against Utah government entities run through the Governmental Immunity Act of Utah, and missing one of its steps can end a claim that would otherwise be strong.

Can You Sue the Government Over a Crash?

Government entities in Utah start out immune from suit, but the Governmental Immunity Act waives that immunity for many kinds of injuries. The waiver that usually applies to crashes covers “any injury proximately caused by a negligent act or omission of an employee committed within the scope of employment” (Utah Code 63G-7-301(2)(i)). A city employee running a red light on the job, or a county truck backing into traffic, fits that description.

The waiver has exceptions, listed in Utah Code 63G-7-201(4). One matters a great deal for crashes: immunity is kept for injuries arising from “the operation of an emergency vehicle, while being driven in accordance with the requirements of Section 41-6a-212.” That section of the traffic code lets emergency drivers exceed speed limits or proceed through a red light after slowing down, generally only when they are using lights or a siren (Utah Code 41-6a-212). So a police car on routine travel is treated differently from one responding to a call with lights and siren on, and whether the driver followed 41-6a-212 is often the central question.

The One-Year Notice of Claim

This is the deadline that catches people. A claim against a governmental entity, or against its employee for conduct during the job, “is barred unless notice of claim is filed” within one year after the claim arises (Utah Code 63G-7-402). A letter to an adjuster or a call to the city does not count. It has to be a written notice that meets the statute.

What the notice must say

Under Utah Code 63G-7-401(4), the notice must include:

• a brief statement of the facts;
• the nature of the claim;
• the damages so far as they are known; and
• the employee’s name, if the claim is pursued against the employee individually.

It must be signed by the claimant or the claimant’s agent, attorney, parent or legal guardian.

Where it goes

The statute directs the notice to a specific office depending on the entity: the city or town clerk for a city, the county clerk for a county, the superintendent or business administrator for a school district, the presiding officer, secretary or clerk of the board for a special district, and the attorney general for the State. Each governmental entity must file a statement with the Division of Corporations and Commercial Code naming the office or agent that receives notices and the addresses to use (Utah Code 63G-7-401(6)). Checking that statement is the safest way to confirm where a notice for a particular entity, such as a transit district, belongs.

The notice may be hand delivered, mailed, or emailed to the addresses in that statement. If you email it, you must at the same time email a copy to the attorney who represents the entity.

After the Notice: Waiting Period and Lawsuit Deadline

The entity or its insurer has 60 days to confirm in writing that it received the notice. You may not file suit until 60 days after the notice is filed, and the lawsuit must be filed within two years after the claim arises (Utah Code 63G-7-403). That two-year window is much shorter than the four years that generally applies to Utah injury claims against private drivers. For the general rules, see Utah’s personal injury statute of limitations.

Limits on What You Can Recover

Two limits apply to government claims that do not apply to private ones:

• Caps. Judgments for personal injury against a governmental entity are capped per person and per occurrence, with separate caps for property damage and an aggregate cap for a single occurrence (Utah Code 63G-7-604). The amounts are adjusted periodically under Utah Code 63G-7-605, so the current figures should be confirmed before relying on any number.
• No punitive damages. A judgment may not be rendered against a governmental entity for exemplary or punitive damages (Utah Code 63G-7-603).

Your own coverage still works the usual way. PIP pays medical bills and lost wages regardless of fault, and uninsured or underinsured motorist coverage may matter when the government’s share falls short. See how PIP works in Utah.

Federal Vehicles Are Different

A crash with a federal vehicle, such as a postal truck or a military vehicle, falls under the Federal Tort Claims Act, not Utah’s act. In general terms:

• The claim must first be presented in writing to the federal agency involved within two years after it accrues (28 U.S.C. § 2401(b)).
• A lawsuit cannot be filed until the agency denies the claim in writing, or six months pass without a final decision (28 U.S.C. § 2675(a)).
• After a written denial is mailed, suit must be filed within six months.
• The lawsuit generally cannot ask for more than the amount stated in the administrative claim, with narrow exceptions (28 U.S.C. § 2675(b)).

That last rule means the dollar amount in the first claim form matters. Put too low a number on it and the case may be stuck with it.

What to Do After a Crash With a Government Vehicle

1. Get medical care and keep every record.
2. Write down the vehicle number, agency name and driver’s name if you can see them.
3. Request the crash report; see how to get a Utah police crash report.
4. Note the one-year notice deadline on your calendar the day of the crash.
5. Identify the exact entity that owns the vehicle. A city, a county, a school district and a transit district are all different entities with different notice offices.
6. Open your PIP claim with your own insurer.

Talk to a Utah Injury Attorney

Government claims are mostly lost on procedure, not on the facts. If a city, county, state, school district, transit or federal vehicle was involved in your crash, it is worth talking to a lawyer well before the one-year mark.

Hurt in Utah? Call (801) 921-5134 or send us your case for a free consultation. No attorney fees unless we win. Hablamos Español.