Being hit by a car is hard enough, and it can feel even more intimidating when the driver was a police officer. You are not without options. Philly Injury Lawyer can explain how claims against a government agency work and help you act before the short deadlines pass. Your consultation is free, and you pay nothing unless we win.
Who Is Responsible When a Police Car Causes a Crash?
The claim is usually made against the government body that runs the police department, not the officer personally. Which one depends on the vehicle that hit you:
- Philadelphia Police Department: the City of Philadelphia, a local agency covered by the Political Subdivision Tort Claims Act. Its vehicle exception allows claims for the negligent operation of a city vehicle.
- Pennsylvania State Police: the Commonwealth, covered by the Sovereign Immunity Act. It has a similar vehicle exception.
- SEPTA Transit Police: SEPTA, which is treated as a Commonwealth agency. See our guide to SEPTA and public transit accidents.
- Suburban township or borough police: that municipality, under the same rules as the City.
Government immunity protects agencies from many kinds of lawsuits, but crashes caused by careless driving are one of the main exceptions. That is why police vehicle crashes are often among the stronger claims against a government body.
Lights, Sirens and Police Chases
Officers responding to an emergency with lights and siren on may run a red light after slowing down, exceed the speed limit and ignore some lane rules. Pennsylvania law still requires them to drive “with due regard for the safety of all persons”. An officer who speeds through a blind intersection without slowing can still be found careless.
When an officer is not on an emergency run, such as routine patrol or driving back to the station, the ordinary rules of the road apply, just as they would to any other driver.
Chases are harder. If a fleeing driver hits you, that driver is the first party responsible, and your claim against the police depends on whether the officers’ own driving helped cause the crash. The vehicle exception does not help someone who was fleeing or resisting the police at the time.
Deadlines for Claims Against the Police
Claims against a government agency have a short early deadline that many people miss:
- Written notice within 6 months. You must give the agency written notice of your claim within 6 months of the crash. For a Commonwealth agency, a copy also goes to the Office of Attorney General. Without it, your case can be dismissed unless a court accepts a reasonable excuse.
- Lawsuit within 2 years. The standard 2-year personal injury deadline still applies to filing suit.
Use our injury claim deadline calculator to see the dates that apply to you.
How Much Can You Recover?
Pennsylvania caps damages against government agencies:
- City of Philadelphia and other local agencies: $500,000 in total for all claims from one incident. Pain and suffering is recoverable only in cases of death, or permanent loss of a bodily function, permanent disfigurement or permanent dismemberment where medical and dental expenses exceed $1,500.
- Commonwealth agencies, including the State Police and SEPTA: $250,000 per person and $1,000,000 per incident.
You can still recover medical bills, lost wages and property damage within those limits.
Your Own Car Insurance Still Pays First
As with any Pennsylvania crash, your own auto policy pays your first medical bills through first-party benefits, which every policy must include at $5,000 or more. If you chose limited tort, your right to recover pain and suffering may also be limited unless your injury is serious.
What to Do After a Crash With a Police Vehicle
- Call 911 if anyone is hurt and ask for a supervisor to come to the scene.
- Write down the officer’s name, badge number, district and the vehicle number on the car.
- Photograph the vehicles, the road, traffic lights and your injuries.
- Get names and phone numbers of independent witnesses. They matter more when the other driver is an officer.
- Ask for dash camera and body camera video quickly. In Pennsylvania, a written request for police audio or video must reach the agency’s open records officer within 60 days of the recording, by hand or certified mail.
- Get medical care the same day and keep every record. See do I need to go to the hospital after a car accident.
- Do not give a recorded statement to the city or its insurer before speaking with a lawyer.
Police Vehicle Crash FAQ
Usually not. Claims for a police officer’s careless driving are normally brought against the government agency that employs the officer, such as the City of Philadelphia or the Commonwealth. Claims against the officer personally are generally limited to willful misconduct.
You may still have a claim. Pennsylvania lets officers on emergency runs bend some traffic rules, but they must still drive with due regard for everyone’s safety. The question is whether the officer drove carelessly given the situation.
You must give the City written notice of your claim within 6 months of the crash and file any lawsuit within 2 years. Missing the 6-month notice can end your case.
For misconduct claims that do not involve a crash, see filing a claim against law enforcement in Philadelphia.
Talk to a Philadelphia Injury Lawyer
If you were hurt in a crash with a police vehicle, you don’t have to sort out the rules on your own. Philly Injury Lawyer will review what happened, explain your options and handle the deadlines for you.
Call (215) 735-4800 for a free consultation. You pay nothing unless we win. We Win or It’s Free®.
Pennsylvania Law in Plain English
If a police officer’s careless driving caused your crash, you can usually bring a claim against the agency that employs the officer. Pennsylvania allows claims against local government agencies, such as a city police department, for negligent operation of their vehicles, though the amount you can recover is capped.
The deadlines are short. You generally must give the agency written notice within six months, and you have two years to file a lawsuit.
