Who Pays When a Police Car Hits You in a Chase?
When a police car hits you during a chase, the fleeing driver, the police department, or your own insurer may pay your damages. However, holding a police department responsible can be challenging because sovereign immunity laws limit certain claims against government entities.
Similarly, recovering compensation from a fleeing driver is difficult if authorities cannot identify or locate them. At Todd Miner Law, our lawyers follow all government claim requirements when pursuing compensation from a police department. We also coordinate with law enforcement agencies to locate the fleeing driver and seek compensation from their liability insurance coverage. If you were injured in a police chase accident, call 407-894-1480 for a free consultation.
Who Is Responsible When A Police Car Hits Your Vehicle?
The law enforcement agency, the fleeing driver, or both may be responsible when a police car hits your vehicle during a chase. In some cases, another negligent driver or the owner of the fleeing vehicle may also be held liable if their actions or legal responsibility contributed to the crash.
Here is how liability can apply to each party after a police chase accident:
1. Police Department
A police agency may be responsible when an officer’s driving causes or contributes to the crash while performing official duties. This can include entering an intersection unsafely, losing control of the police vehicle, or continuing the pursuit in a way that creates an unreasonable danger.
Similarly, the agency may face greater liability exposure if officers started the pursuit over a minor traffic violation rather than a suspected forcible felony. If liability applies, compensation may come from the agency’s liability insurance, self-insurance program, or risk management fund.
2. Fleeing Driver
The fleeing driver can be responsible when their attempt to escape police causes the crash. They may run red lights, cross into oncoming traffic, strike another vehicle, or force other drivers to take evasive action.
If authorities identify the driver, their liability insurance may cover your damages up to the policy limits. However, if they are uninsured or underinsured, you may sue the driver personally for the remaining losses.
3. Another Driver
Another driver may share liability if their actions help cause the police chase crash. For instance, a driver may ignore emergency lights, enter the path of a police vehicle, and force the officer to swerve into your car. If that driver contributed to the collision, their liability insurance may cover the share of damages linked to their fault.
4. Owner of the Fleeing Vehicle
The owner of the fleeing vehicle may share liability if they authorized the driver to use it. Under Florida’s dangerous instrumentality doctrine. Vehicle owners can be held responsible for negligence committed by someone operating their vehicle with their consent.
In addition, liability may also arise if the owner knowingly allowed an unsafe, unlicensed, or otherwise unfit driver to use the vehicle. In these cases, the owner’s auto liability insurance may provide another source of compensation. However, the owner generally has a stronger defense if the driver stole the vehicle or used it without permission.
How Can You File A Claim Against A Police Department In Florida?
To file a claim against a police department in Florida, you generally must send written notice to the correct government agency within three years. This may include a city police department, county sheriff’s office, or state law enforcement agency. For state-agency claims, you must also notify the Florida Department of Financial Services.
Your notice should explain how the accident occurred, the injuries you suffered, any property damage, and the basis of your claim. You may also need to provide identifying information, including your date of birth and Social Security number. Additionally, you must disclose certain unpaid judgments owed to the state.
After receiving your notice, the agency generally has up to six months to investigate and respond. During this period, you usually cannot file a lawsuit unless the agency denies your claim earlier. If the agency does not make a final decision within six months, Florida law generally treats the claim as denied. At that point, you may proceed with a lawsuit, provided you have met the other applicable filing requirements.
Can You Seek Damages From Both the Police Agency and the Fleeing Driver?
Yes, you can seek damages from both the police department and the fleeing driver if each contributed to the crash. In such cases, Florida’s comparative fault system allows responsibility to be divided among multiple parties. As a result, each responsible party may account for a different share of your damages.
For example, suppose your total damages equal $200,000. Investigators determined that the fleeing driver caused 70% of the crash, while the officer’s conduct contributed 30%. The fleeing driver’s share would equal $140,000, while the police agency’s share would equal $60,000, subject to the rules governing each claim.
What Should You Do After A Police Vehicle Accident In Florida?
After a police vehicle accident in Florida, call 911, move to a safe location if possible, and seek medical attention. Then, identify the law enforcement agency involved and record the officer’s name, badge number, and police vehicle information.
Here are some other steps you should take after a police chase crash:
- Ask for the pursuit or incident number: This can help you request records connected to the chase later.
- Photograph the scene: Capture vehicle positions, road conditions, traffic signals, skid marks, and visible damage before anything changes.
- Request the crash report: The report can provide officer observations, diagrams, involved parties, and other important details.
- Collect witness information: Get names and contact details from people who saw the collision or the events leading up to it.
- Confirm whether a fleeing vehicle was involved: Record any information police provide about the suspect vehicle, even if it never struck you.
- Document the police vehicle involved: Record the unit number, license plate, department markings, and visible damage before vehicles leave.
- Keep all government correspondence: Save notices, claim forms, letters, and responses because government claims follow specific procedural requirements.
- Track accident-related losses: Maintain records of medical bills, missed work, vehicle repairs, and other costs tied to the collision.
What Evidence Proves Fault In A Police Chase Crash?
Fault evidence typically includes event data recorder information, cruiser GPS records, skid marks, debris patterns, vehicle damage, and traffic signal timing. Investigators may also review computer-aided dispatch timestamps, supervisor authorization records, and vehicle maintenance records to determine which actions or mechanical issues contributed to the collision.
Here is how this evidence can help establish fault:
- Event data recorder information: This data can show vehicle speed, braking, throttle use, and other activity immediately before the crash.
- Cruiser GPS records: GPS can establish the police vehicle’s route, speed, and location throughout the pursuit.
- Skid marks and debris patterns: These details reveal braking points, impact locations, and vehicle movement before the collision.
- Vehicle damage: Damage patterns can help reconstruction experts determine impact angles and which vehicle struck another.
- Traffic signal timing: Signal records show which vehicle entered an intersection against a red light or failed to yield.
- Computer-aided dispatch timestamps: CAD records can establish when officers joined the chase, requested assistance, or received instructions.
- Supervisor authorization records: These records can show whether supervisors approved, restricted, monitored, or ordered law enforcement officers to end the pursuit.
- Vehicle maintenance records: Maintenance history may reveal brake, tire, steering, or other mechanical problems that contributed to the crash.
When Should You Contact A Florida Car Accident Lawyer?
You should contact a Florida car accident lawyer when a police chase crash involves serious injuries, disputed fault, a government agency, or an unidentified fleeing driver. Legal help also becomes important when an insurance company denies liability, available coverage is unclear, or you need to preserve pursuit records and other time-sensitive evidence.
Here are some other situations when you should consider contacting a Florida car accident lawyer:
- Multiple law enforcement agencies joined the pursuit: A lawyer can determine which agency’s officers may have contributed to the crash.
- You received an early settlement offer: The offer may not account for future treatment, lost earning capacity, or long-term limitations.
- The insurer blames you for part of the crash: A lawyer can challenge unsupported fault allegations and protect the value of your claim.
- A family member died in the crash: Wrongful death claims involve different damages, beneficiaries, and legal requirements that require careful review.
What Makes Police Chase Accidents Different From Other Crashes?
Police chase accidents differ from ordinary crashes because they can involve multiple responsible parties, government liability rules, pursuit policies, and specialized evidence. They also lead to serious injuries due to high speeds, sudden evasive maneuvers, dangerous intersections, and collisions involving multiple vehicles.
Here is how these rules and issues apply to a Florida police chase accident claim:
1. Government Liability Rules
If a police vehicle or officer contributes to the crash, they may be protected by Florida’s sovereign immunity law. For example, the law provides agencies with additional protection when a fleeing driver causes a crash. The agency may avoid liability if the pursuit meets all three conditions:
- No reckless disregard: The pursuit must not show reckless disregard for human life, safety, rights, or property.
- Reasonable belief of a forcible felony: Police must have a reasonable basis to believe the fleeing driver committed a forcible felony.
- Compliance with pursuit policy: Every state agency must have a written high-speed pursuit policy. The officer must also follow that policy and complete the required training.
However, if the pursuit fails to meet any of these conditions, the agency may lose this specific protection. In that situation, an injured person may still pursue a negligence claim if the officer’s conduct contributed to the crash.
2. Pursuit Policies
Ordinary car accident claims usually focus on traffic laws and each driver’s conduct. In contrast, police chase accidents require a review of the law enforcement agency’s pursuit policy. These policies explain when officers may start, continue, or end a chase.
Investigators then compare those rules with the officer’s actions to determine whether the pursuit contributed to the crash. Because obtaining and reviewing these records can take additional time, police-chase claims are usually more complex than standard car-accident cases.
3. Insurance Coverage Complications
In many police chase accidents, the fleeing driver shares responsibility for the crash. However, recovering compensation from that driver can become difficult if authorities cannot locate them or if they lack insurance.
In that situation, you may need to turn to your own uninsured or underinsured motorist coverage. Since Florida does not require drivers to carry UM/UIM coverage, you may have fewer options if you previously rejected it.
Can You Recover Damages If You Were A Bystander?
Yes, if you were a bystander injured in a police chase accident, you can seek compensation from the party responsible for your injuries. This may include the fleeing driver, a law enforcement agency, or another liable party. To determine liability, you may need evidence such as:
- Surveillance footage showing where you were standing.
- Police scene records identifying you as a pedestrian, motorist, or passenger.
- Witness statements confirming that you were not involved in the pursuit.
- 911 call recordings documenting your presence at the scene.
How Much Is A Police Chase Accident Claim Worth In Florida?
Police-chase accident claims in Florida may range from around $20,000 to hundreds of thousands of dollars, depending on the case. Serious injuries usually increase claim value because they lead to higher medical bills, lost wages, future treatment costs, and greater pain and suffering.
However, if you file a claim against a government agency, Florida’s sovereign immunity law generally limits the amount you can recover. Under Florida Statute § 768.28, you cannot recover more than $200,000 per person or $300,000 per incident from the agency. If your damages exceed these limits, you generally need the Florida Legislature to approve a claims bill for additional payment.
Similarly, if you pursue compensation from the fleeing driver, the amount available may be limited by that driver’s insurance policy limits. If your damages exceed those limits, you may need to look for additional coverage, such as your own uninsured or underinsured motorist protection.
What Mistakes Can Hurt Your Car Accident Claim?
Delaying medical treatment, admitting fault, failing to preserve evidence, and missing important deadlines can weaken your police chase accident claim. These errors can give insurance adjusters reasons to dispute liability or reduce the compensation you may recover.
Other mistakes that can hurt your car accident claim include:
- Assuming the fleeing driver is always responsible: A police officer’s actions during a high-speed chase may also affect liability, depending on the circumstances of the pursuit.
- Failing to identify the police agency involved: Not confirming the police department, officer details, or involved police vehicle information can make it challenging to pursue a government claim.
- Giving statements that downplay your injuries: Insurers may use statements about feeling “fine” after the crash to challenge the severity of your injuries.
- Waiting too long to speak with a lawyer: Delays can make it difficult to preserve evidence and investigate liability against multiple parties.
- Discussing the crash before understanding your legal options: Statements made to insurers or government agencies can affect how they evaluate fault, injuries, and damages.
- Accepting fault because a police vehicle was involved: A police car’s involvement does not determine liability. Fault depends on the actions of everyone involved and the available evidence.
Injured In A Police Chase Accident? Call Todd Miner Law To File Your Claim Today!
If you were injured in a police chase accident, you may feel hesitant about pursuing a claim against the police department. Florida law does protect government agencies in certain situations, but that protection is not absolute. If the officer’s conduct contributed to the crash, you may still have a valid path to compensation.
At Todd Miner Law, we conduct a detailed investigation to determine whether the police officer, the fleeing driver, or both caused the crash. We then review pursuit records, department policies, and available vehicle data to establish how each party contributed. Based on those findings, we pursue fair compensation from the liable party. Call 407-894-1480 or visit us at 915 Outer Rd, Orlando, FL 32814, for a free consultation.
FAQs
What Happens If The Police Chase Crosses City Boundaries?
When a police chase crosses city boundaries, liability may depend on which law enforcement agency’s actions contributed to the crash. If officers from different agencies participated in the pursuit, each agency’s conduct may be reviewed to determine who is responsible for your damages.
Are Police Chase Accident Claims Handled In Court?
No, police chase accident claims are not always handled in court. Many claims are resolved through insurance negotiations or government claim processes. However, if liability is disputed or the responsible parties deny payment, the claim may proceed to court.
What Deadlines Apply To Police Chase Accident Claims In Florida?
In Florida, police-chase accident claims against a government agency generally require written notice within 3 years under Florida Statute § 768.28. However, a personal injury lawsuit against the fleeing driver must be filed within two years of the crash. Missing these deadlines can prevent you from recovering compensation.
Who Pays If The Police Officer Was Following Department Policy?
If the officer followed department policy and did not act negligently, the fleeing driver or their insurer may be responsible for your damages. However, following policy does not automatically protect the police department from liability. If the officer’s actions still caused the crash, the department may share responsibility.
Can I Use My Own Insurance After Being Hit During A Police Chase?
Yes, you can use your own insurance after being hit during a police chase. In Florida, PIP covers 80% of medical expenses and 60% of lost income, regardless of fault. Similarly, collision coverage may pay for vehicle damage, while uninsured motorist coverage applies if the fleeing driver lacks adequate insurance or cannot be identified.
Can I Get A Copy Of The Police Pursuit Report?
Yes, as a person directly involved in the crash, you can obtain a copy of the Florida traffic crash report, even during the 60-day confidential period. However, separate police pursuit records, internal reports, or investigative materials may require a formal public records request.
How Common Are Police Pursuit Crashes in Florida?
In 2024, at least 34 people died in police chase crashes across the state, compared with roughly 26 deaths in 2023. National data shows the broader scale of the problem. Research identified at least 3,336 deaths from police pursuits between 2017 and 2022. Among more than 2,000 deaths examined in detail, at least 551 victims, or over 25%, were innocent bystanders.
