What are my rights regarding “sovereign immunity”?

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What are my rights regarding “sovereign immunity”?

I was hit by a school bus that was backing up. He was found to be at fault for “failure to yield”. I only carry liability insurance and no collision insurance. I filed a claim with the school bus driver’s insurance and they are telling me that I probably will not receive any payment due to the bus being protected by Sovereign Immunity. Is this really true? Is there anything I can do? The bus driver caused over $2,000 in damages to my car. Nothing harmed on his bus.

Asked on November 1, 2012 under Accident Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The concept of sovereign immunity does not apply to your matter. You need to to file a proof of claim as to the school district in a timely manner. If rejected you need to then file suit in a timely manner. From what you have written I suggest that you consult with an attorney that practices law litigating against governmental entities.

Robert Slim / Robert C. Slim - Attorney at Law

Answered 8 years ago | Contributor

It is correct that the school bus driver is protected by sovereign immunity.  However, Texas law does make an exception for damages or injuries arising from the operation of a motor vehicle.  Your claim is actually against the school district.  So don't be thrown off by the insurance adjuster.  However, there are some procedural notice requirements that have to be met.  You should contact a lawyer for a free consultation.


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