How Do You File a Car Accident Claim Against a Government Entity?

Reports | June 3, 2025 | Car Accidents

When a car accident involves a government vehicle or occurs on poorly maintained public property, the process for seeking compensation is different from filing a typical insurance claim. 

If you’re wondering how do you file a car accident claim against a government entity, it’s important to figure out the unique rules and steps involved. Consulting a car accident lawyer can help you navigate Florida’s complex legal requirements, which allow citizens to hold government agencies liable for negligence—but only if specific procedures and deadlines are followed.

What Makes Claims Against Government Entities Different?

Filing a car accident claim against a government agency involves unique challenges. Government bodies often have immunity from lawsuits, known as “sovereign immunity.” 

While this sounds discouraging, Florida law provides exceptions that allow injured individuals to file claims for damages caused by government negligence.

Under Section 768.28 of the Florida Statutes, an injured person can pursue a claim if a government employee acted negligently within the scope of their role. 

Your compensation is capped at $200,000 per individual or $300,000 per incident.

A government entity could be responsible for your accident in several cases, such as:

• Accidents with city or county vehicles like buses, police cars, or garbage trucks
• Poorly maintained roads causing unsafe driving conditions
• Missing or malfunctioning traffic signs or signals

The process, however, is far more procedural than filing a typical private insurance claim.

Florida Laws About Sovereign Immunity

The concept of sovereign immunity protects state and local governments from unlimited liability. However, Florida waives this immunity for certain negligence claims. 

To succeed, you must follow specific legal steps outlined by Florida law.

For example, unlike a standard claim where you contact the at-fault party’s insurer immediately, cases against government entities require filing a “Notice of Claim” in writing. 

Deviating from the guidelines may result in losing your right to payment.

Key exemptions under sovereign immunity include:

• Claims must arise from negligence, not intentional misconduct
• The government employee must have been performing official duties
• Punitive damages and interest on any judgment are not permitted

Knowing these exceptions helps you understand the boundaries your claim must fit for success.

How to Determine If a Government Entity Is Liable

You should start by determining whether a government entity or employee was involved in the accident. Ask yourself these questions to identify liability:

• Was the vehicle involved owned or operated by the city, county, or state government?
• Did poor road maintenance (such as potholes or lack of proper signage) play a role in the accident?
• Was a government employee performing their official duties (e.g., a postal worker or school bus driver) during the incident?

For example, if a city-owned garbage truck driver sideswiped your car while collecting trash in Orlando, the city might be held liable. Similarly, if a poorly lit road contributed to your accident, negligence may fall on the municipal body responsible for maintenance.

Once liability is determined, you can proceed with the first step of filing a claim.

Steps to File a Car Accident Claim Against a Government Entity

Filing a claim against a government entity in Florida involves strict procedures. Below are the key steps to help you stay on track.

1. File a notice of claim
   You must submit a formal notice within three years of the date of the crash. This written notice goes to the government agency responsible and outlines the details of your claim, including damages you’re seeking. Be specific and include supporting documents.
2. Wait for the response period
   By law, the government has six months to review your claim. During this time, they will decide whether to accept responsibility or deny the claim. You cannot file a lawsuit until this six-month waiting period expires.
3. File a lawsuit if necessary
   If the government denies your claim or fails to respond, you have the right to file a formal lawsuit in court. You must act quickly, as there is a deadline of four years from the accident date for filing personal injury claims.
4. Adhere to damage limits
   Understand Florida’s damage caps for claims against government entities when calculating your compensation request.

These steps ensure that you comply with state laws and give your claim the best chance of being successful.

Important Deadlines for Filing

Time limits are one of the most important aspects to consider when filing any personal injury claim, but they are even more restrictive when pursuing a case against a government agency. 

Missing a deadline can result in your claim being thrown out without consideration.

Here’s what to keep in mind:

• Notice of claim: Must be filed within three years of the accident date
• Waiting period: Six months granted to the government to respond
• Statute of Limitations: You have four years from the date of the accident to file a lawsuit

Exceptions may apply if you’re filing on behalf of a minor or an incapacitated individual. However, do not assume that you have extra time. It’s best to act immediately and ensure all deadlines are respected.

Common Obstacles in Government Claims

Claims against government entities often come with hurdles, and being prepared can help you avoid common mistakes.

Some challenges include:

• Proving negligence: You must have evidence that the government acted negligently or failed to take corrective actions they were legally obligated to perform. For instance, photos and documentation are key if road maintenance issues led to your accident.
• Compliance with strict rules: Missing a filing deadline or failing to notify the right government agency can end your claim before it begins. Double-check paperwork requirements carefully.
• Limited compensation: Although you may suffer substantial losses, Florida’s compensation caps limit payouts to $200,000 per individual.

To overcome these challenges, provide ample evidence and comply with all procedural requirements.

What Evidence Do You Need?

Proper documentation is essential when filing a claim against a government entity. This evidence will support your case and increase the likelihood of receiving compensation.

Examples of evidence include:

• Accident reports: Obtain a copy of the police or accident report, as this will list any government vehicles involved or road conditions at fault.
• Photos and videos: Capture images of damages, road hazards, and the accident scene. Video footage, such as dashcam recordings, is extremely helpful.
• Medical records: Keep all records of injuries sustained, including medical bills and treatment plans.
• Witness statements: Collect contact information and statements from anyone who saw the accident happen.
• Correspondence: Retain copies of all letters, emails, or documents sent to or received from the government agency.

This documentation helps you create a strong case and establish the link between negligence and your accident.

When Working with a Lawyer Helps

Although Florida law allows individuals to file claims independently, hiring a legal team can be beneficial. Lawyers familiar with government cases can ensure all procedures are followed, provide proper legal advice, and negotiate for the highest compensation possible under state law. 

For example, lawyers can identify errors in the government’s defense or push for a settlement when liability is clear.

Government claims are complicated because sovereign immunity rules bind them and involve different procedures. Legal professionals can simplify these issues and focus on protecting your rights.

What Happens If Your Claim Is Denied?

A denied claim doesn’t mean the process stops. Instead, it signals the beginning of the appeals process. When a government entity refuses your claim, it will typically provide a reason for its decision. 

Figuring out the reasoning behind their denial determines the next step. Common reasons for denial often include:

• Failure to meet legal filing deadlines (statutes of limitations).
• Not enough evidence to support your allegations.
• Claiming the government holds immunity for the specific type of incident.

Once you receive a denial, review the details carefully. If errors or omissions are identified in your initial submission, you may have an opportunity to correct and resubmit your claim.

Steps after a claim denial

1. Review the rejection letter for specific reasons.
2. Gather additional evidence, if possible, to reinforce your claim.
3. Consider consulting an attorney experienced in government claims to assess your options.
4. File a lawsuit against the agency if your appeals don’t succeed.

Acting promptly after a denial is critical because the timeline to file legal action begins once your claim is rejected.

Negotiating a Settlement with a Government Entity

Negotiation is often the next phase after submitting your Notice of Claim. Many government agencies aim to resolve such disputes through settlement rather than taking the matter to court. 

Preparing for negotiations can significantly increase your chances of a fair outcome.

Before you begin, ensure all relevant documentation is in your possession. This includes medical records, police reports, and witness statements. Each piece of evidence strengthens your position during discussions.

Tips for successful negotiation

• Remain organized and present factual evidence to support your claim.
• Stick to clear communication; avoid displaying emotion, even in frustrating moments.
• Know what compensation would cover your losses (medical expenses, lost wages, and property damage).
• Be respectful but firm during conversations.

Settling with a government agency might require patience since decisions often involve multiple parties. However, persistence and preparation can greatly improve the outcome. Remember, government entities often attempt to settle for less—but standing your ground for fair compensation is within your rights.

Taking Legal Action Against a Government Entity

When negotiation fails, filing a lawsuit might be your only option. Severe immunity laws present specific legal hurdles to suing a government entity in Florida. However, exceptions allow injured individuals to pursue compensation in some instances.

Once you decide to proceed, the trial process begins. The government will likely defend its actions through legal arguments. Your focus should remain on presenting a strong case backed by credible evidence.

How to prepare for trial

• Work closely with your legal team to establish a solid legal strategy.
• Organize all documentation related to your accident for submission to the court.
• Be prepared to counter arguments such as contributory negligence, which holds that you may share some fault in the accident.

The trial process can be demanding, but it often becomes the best path to obtaining justice after a government entity refuses to settle or denies liability.

Key differences to remember in government claims

Government claims are distinct from personal claims filed against private individuals or companies. Florida laws establish specific criteria to ensure this distinction.

Notable differences

• Shorter deadlines: Government claims have strict deadlines that differ from regular personal injury claims. You may only have six months to file a Notice of Claim in certain instances.
• Liability caps: Florida statutes limit the amounts awarded when suing the government. Victims can recover up to $200,000 from a single government agency, or $300,000 in total if multiple agencies are involved.

Understanding these limitations can help you better manage expectations as you progress through the claims process.

When Should You Consider Hiring Help?

Handling a car accident claim against a government agency involves laws and processes unique to this situation. Professional representation often becomes a necessary resource if your case hits a roadblock. 

Legal professionals can take over complex tasks, like addressing liability disputes or adhering to deadlines. Government claims can sometimes require additional courtroom litigation. Retaining a team that can effectively build your case ensures that every avenue for compensation is explored.

Get the Legal Help You Deserve

If you find yourself asking, how do you file a car accident claim against a government entity and need personalized help, reach out to Steven A. Bagen & Associates, P.A. Call their Gainesville office at (800) 800-2575. They are here to help the injured throughout Florida.