Can I file a claim if the car accident involved a government vehicle?
Have you been injured or had property damage in a crash involving a government-owned vehicle—like one driven by state, county, or city employees? If so, you may be able to file a claim. At Neustrom & Associates in Salina, Kansas, we help accident victims understand their rights when a government vehicle is involved and pursue fair compensation.
How to File a Claim in Kansas
In Kansas, the Kansas Tort Claims Act (KTCA) waives sovereign immunity for many negligent actions by government employees, meaning you can bring a claim against state, county, or municipal entities.
First, serve proper notice: if the accident involves a Kansas municipality, you typically must send a written notice to the city or county clerk or governing body that includes your name/address, the date/time/location of the incident, names of involved public employees (if known), nature of injuries, and amount of damages claimed. For claims against the State of Kansas, you use the state’s formal claim form (e.g., Form AR98 for injury or property damage).
Kansas law generally gives you two years from the date of the accident to file a lawsuit. If municipalities or the state deny your claim or don’t respond, you must wait the statutory 180 days or denial before proceeding to file suit. Exceptions to the two year statute exist, including children under 19 and persons under some disabilities. Ask if you have a question on what applies to you.
Why File a Claim Against a Government Vehicle?
Though "sovereign immunity" historically shielded government entities, the KTCA offers a legal waiver so that a government entity is liable if its employee acted negligently in the scope of employment.
Many personal injury attorneys hesitate to take these cases without experience, but timely notice and strict procedure compliance are vital. Neustrom & Associates knows how to handle these claims, so you're not blocked by procedural missteps.
What Compensation Could You Get?
Under KTCA, you may recover medical expenses, lost wages, and property damage. Pain and suffering, as well as other economic damages (like future medical costs), may also be recoverable, subject to Kansas law. Note: punitive damages are prohibited except in cases showing actual fraud or malice.
The Act caps damages for a single occurrence at $500,000 per claimant, unless insurance coverage is available to a government entity. If an employee acted outside their official duties or in specific exempt roles, immunity may apply; you’ll need legal help to evaluate.
What Neustrom & Associates Can Do
- Help you prepare and submit proper written notice or standardized claim forms
- Investigate whether a government employee was acting within the scope of duties
- Handle correspondence or negotiations with city, county, or state legal departments
- Advise on whether a lawsuit is needed after a claim denial or silence
Contact Our Skilled Salina Lawyer Today
If you’ve been in a car accident involving a government vehicle in Kansas—whether city, county, or state—you may have a viable claim. But the deadlines and requirements under the Kansas Tort Claims Act can be tricky. At Neustrom & Associates in Salina, we’re ready to guide you step by step. Reach out today for a no-cost case review and peace of mind about your legal options.