state owned vehicle at fault. state refusing to pay claimant for deductible

UPDATED: Oct 1, 2022

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state owned vehicle at fault. state refusing to pay claimant for deductible

State snow plow runs into private
vehicle. police report puts at fault
plow driver. Private insurer paid
damages and will collect from state.
state refusing to pay deductible.
Private owner does not have 500. Car is
finished repair. Owner cannot get car
back and insurer cancelled loaner as
repairs are done. Shouldn’t state be
liable for any and all damages?

Asked on February 4, 2019 under Accident Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They should be liable under the facts you describe. The problem you have is that if they won't pay voluntarily, the only way to force the state to pay is by suing it--and in the meantime, you still owe the repair shop its money to get your car back. The state may owe you but it does not owe the repair shop, since they did not hire them to make the repairs. You have to pay the shop, then look to get your money back from the state. Also, there are special notice and paperwork requirments for suing the state, setting shorter deadlines and making it more complex than suing a private person or business: it is not easy for a nonlawyer to sue the state.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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