Hit by a Police Car in California: How to File a Claim and What Your Case May Be Worth

Being hit by a police car is a traumatic and confusing experience. The very people you expect to uphold safety have caused you serious harm. You may be in pain, out of work, and unsure of what to do next. The path to holding a government agency accountable is filled with complex rules and tight deadlines, but you do not have to face it alone.

At Walch Law, we believe everyone deserves justice, especially when the at-fault party is a powerful government entity. For over 45 years, our family has fought for injured Californians, helping them navigate these difficult claims and recover the compensation they need to rebuild their lives.

We offer a free, confidential consultation to discuss your case. You pay nothing upfront, and we only receive a fee if we win your case.

Filing a Claim After a Police Car Accident: Key Steps

CRITICAL DEADLINE: You have only six months from the date of the accident to file a formal Government Claim. Missing this deadline will likely prevent you from ever recovering compensation.

1. Get Medical Care: Your health is the absolute priority. Go to the hospital and create a record of your injuries.
2. Get a Report Number: Ensure a police report is filed and get the incident number.
3. Document Everything: If possible, take photos and videos of the scene and get witness contact information.
4. Contact an Attorney Immediately: Because of the short deadline and the speed at which evidence disappears, it is vital to contact an experienced lawyer as soon as possible.

Who is Liable When a Police Car Causes a Crash?

While officers have special privileges to respond to emergencies, they are not above the law. Liability in these cases often comes down to whether the officer was acting reasonably and following protocol.

• Emergency Driving Rules (Code 3): Under California Vehicle Code §§ 21055-21056, an officer can legally speed or run a red light only if they have their emergency lights flashing and siren sounding. Even then, they must drive with “due regard for the safety of all persons.” If an officer fails to use both lights and a siren or enters an intersection without ensuring it is clear, they can be found negligent.
• Routine Driving: When not responding to an emergency, an officer is held to the same standard of care as any other driver. A rear-end collision, an unsafe lane change, or running a stop sign during a routine patrol is negligence.
• Police Pursuits: If you were injured by a police car involved in a high-speed chase, the department can be held liable if the officer initiated or continued the pursuit with a reckless disregard for public safety.
• Comparative Negligence: California law recognizes that more than one party can be at fault. Even if you were partially to blame (e.g., you were jaywalking or made an unsafe turn), you can still recover damages, which would be reduced by your percentage of fault.
• Your Immigration Status Does Not Matter: Your right to file a claim and recover compensation in California is not affected by your immigration status. All conversations with our firm are completely confidential.

The Step-by-Step Process for Filing a Claim Against the Government

You cannot simply file a lawsuit against a police department. You must first follow the strict procedures of the California Government Claims Act.

1. File a Formal Government Claim: Your attorney will prepare and file a formal claim with the correct government entity (e.g., City of Los Angeles, County of Los Angeles, State of California) within six months of the accident.
2. Agency Response: The government agency has 45 days to accept, reject, or ignore your claim. In almost all cases, claims are rejected.
3. File a Lawsuit: Once your claim is rejected, you have six months from the rejection date to file a formal lawsuit in civil court.
4. Evidence Preservation and Gathering: From day one, your legal team will take immediate action to preserve critical evidence. This includes sending legal notices and filing California Public Records Act (CPRA) requests for:
   • Body-cam and in-car video from the police vehicle.
   • Traffic camera footage from LADOT ATSAC or other municipal systems.
   • 911 and dispatch audio recordings.
   • Vehicle “black box” data (Event Data Recorder or EDR) from both vehicles.

Critical Evidence to Strengthen Your Case

• Photos and videos of the accident scene, vehicle damage, and your injuries.
• Skid marks, debris fields, and road conditions.
• Traffic signal timing and street lighting information.
• Names and contact information for all witnesses.
• A complete set of your medical records and bills.
• Records of your lost wages and disability slips.
• Your own auto insurance policy, including Uninsured/Underinsured Motorist (UM/UIM) coverage details.
• Any dashcam or personal cell phone video of the incident.

What Damages Can You Recover?

A successful Los Angeles police car accident personal injury claim can provide compensation for all of your losses, including:

• Medical Expenses: All past and future costs for hospital stays, surgeries, physical therapy, medication, and in-home care.
• Lost Wages and Earning Capacity: Income lost while you recover and compensation if your injuries prevent you from returning to your former job.
• Pain and Suffering: Compensation for the physical pain, emotional distress, anxiety, and trauma caused by the accident.
• Scarring and Disfigurement: Compensation for permanent changes to your appearance.
• Loss of Enjoyment of Life: For the inability to participate in hobbies and activities you once loved.
• Property Damage: The cost to repair or replace your vehicle or other damaged property.
• Wrongful Death: If you lost a family member, you can file a claim for funeral costs, lost financial support, and the loss of your loved one’s companionship.

What Is a Police Car Accident Case Worth?

Every case is unique, so there is no average settlement amount. The value of your case depends on a combination of factors:

• Severity of Your Injuries: A case involving catastrophic injuries like a traumatic brain injury or paralysis will be worth significantly more than one with minor soft-tissue injuries.
• Permanence of Injuries: The more permanent and life-altering your limitations, the higher the value.
• Total Medical Costs: The amount of your past and future medical bills is a primary driver of economic damages.
• Amount of Lost Income: The total wages and future earning capacity you have lost due to your injuries.
• Comparative Fault: Your recovery will be reduced by any percentage of fault assigned to you.
• Egregious Officer Conduct: In rare cases where an officer’s conduct was particularly reckless, it may open the door to higher damages.
• Insurance Limits: The amount of insurance coverage or the self-insured limit of the government agency can impact the maximum potential recovery.
• Quality of Evidence: Clear video evidence and strong expert testimony can significantly increase a case’s value.

The best police car accident attorney can evaluate these factors to give you a realistic understanding of what your case may be worth.

Common Pitfalls That Can Wreck Your Claim

• Missing the 6-Month Claim Deadline: This is the #1 mistake and is almost always fatal to a case.
• Giving a Recorded Statement: Do not speak to any city attorneys, claims adjusters, or internal affairs investigators without your lawyer.
• Posting on Social Media: Defense attorneys will use photos or posts of you being active to argue that your injuries are not as severe as you claim.
• Gaps in Medical Treatment: Failing to follow your doctor’s treatment plan gives the defense an opening to argue you were not seriously injured.
• Not Documenting Your Pain: Keeping a simple journal of your pain levels and daily limitations is powerful evidence.

The Walch Law Advantage

When you are taking on the government, you need a law firm with specific experience in these challenging cases. At Walch Law, we bring:

• Decades of Experience handling claims against public entities and police departments.
• Rapid Evidence Preservation to secure video footage and witness statements before they disappear.
• A Network of Elite Experts, including accident reconstructionists, human factors specialists, and life care planners.
• A Focus on Lien Reduction to maximize the net amount of money you put in your pocket.
• Proven Negotiation and Trial Readiness that signals to the defense that we are prepared to go the distance.

Frequently Asked Questions

1. Do police always have to use their lights and siren?
No, but if they want the legal right to exceed the speed limit or go through a red light, they generally must use both.

2. What if I was partly at fault or jaywalking?
You can still have a strong case. Your recovery would be reduced by your percentage of fault under California’s comparative negligence standard for personal injury cases.

3. What if it was a hit-and-run by a police car?
An immediate investigation is needed to identify the vehicle and officer. You may also be able to file a claim under your own Uninsured Motorist (UM) coverage.

4. Can I make an Uninsured/Underinsured Motorist (UM/UIM) claim?
Yes. If the at-fault police vehicle fled the scene, or if the government entity’s insurance is insufficient to cover your damages, you may be able to use your own UM/UIM policy.

5. How long will my case take?
These cases are complex and can take anywhere from one to three years, or sometimes longer, to resolve.

6. What if the officer was off duty?
If the officer was in their personal vehicle and not acting in the course of their duties, your claim would be against the officer personally, just like any other car accident.

7. Can undocumented victims file a claim?
Yes. Your right to file a claim and receive compensation is not affected by your immigration status.

8. Do I have to pay any upfront fees to hire your firm?
No. We work on a contingency fee basis. You pay nothing unless and until we win your case.

Injured by a Police Car? We Can Help.

The moments after a crash with a police vehicle are overwhelming. You need an advocate on your side immediately to protect your rights and fight for your future. The family at Walch Law is here to provide the support and expert legal representation you need.

Contact us today for a free, confidential consultation. We offer flexible scheduling and have bilingual staff available. Let us handle the legal battle so you can focus on healing. 1-844-999-5342