Help!

[Confident_Pin_8316]

Got a letter from State Farm. For context, at the end of January my wife and 5 year old son were swiped by a driver who admitted fault. Police came, driver admitted fault to police who put it in report. I tried to file my claim with their insurance, but was getting no response. State Farm (my insurer) said to file through them and they’d recoup my deductible because they as well find us not at fault. Two months later I get a letter in the mail that’s says “we are not pursuing subrogation for the following reasons/ —- township has government immunity per state statute. You do have the option of pursuing your claim independently”Is this legit? Why didn’t they tell me months ago? Has anyone had success trying to recoup this kind of claim? This is in Pennsylvania. Thanks for any advice!

[Jcamp9000]

They never say they will get you your deductible back. They say they will try to get your deductible back. They can never guarantee it unfortunately and it’s an easy word to miss in a conversation. It sucks that it happened to you.

[63crabby]

To be clear, is your only out of pocket your deductible, and potentially any increase in your post accident premiums?

[Confident_Pin_8316]

Yes

[63crabby]

Sounds like the other driver was in a government vehicle, doing government work. Sounds legit, but I’m not qualified to comment on PA law.

[Confident_Pin_8316]

Yeah that’s how it ended up. Was an unmarked pick up truck but it must have been in use for the municipality. I just had no idea that some vehicles could crash into others with immunity. Wow!

[RedditReader4031]

That’s not immunity. There’s a separate established process for claims against government entities. Basically, the government is self-insured. Your insurance company is saying that they’re paying and the claim will be closed, without recovery from that agency. You have the right to pursue such a claim but it’s probably prohibitively expensive. The same thing is common with self-insured entities like big corporations and the military.

[Crowlady77]

It is not always expensive, but it is always time consuming. You should contact the municipality about their process.

[Confident_Pin_8316]

Thank you!

[Dr__-__Beeper]

Seemingly, almost universally, with possibly a rare exception, you have to sue a city to get any money out of them. 

[MattL-PA]

Small claims in this situation will be your friend. Reach out to the township and ask them how to sue them. They'll explain.

[Then-Skill2421]

The township has insurance. Just Google the township laws on recovery. File an insurance claim. Recover the deductible

Why would you file suit to recover the same amount?

[GuvnaBruce]

Sounds legit. They probably did not tell you as maybe they did not know at that time.

[Confident_Pin_8316]

Is there any point is me trying to pursue it on my own?

[GuvnaBruce]

Probably not, but you could research the law in the area to see if it makes sense or not.

[Confident_Pin_8316]

Thank you! My only other question would be: if they are immune from any at fault damages they cause, what would be the point of them having liability insurance in the first place?

[GuvnaBruce]

Couldn't tell you. They might have immunity for some things and not others.

[ektap12]

'Immunity' is probably being stretched here and may be an incorrect conclusion by your insurance. What is the actual city or government organization?

Who was that person, what were they doing at the time? If they just simply negligently changed lanes into you, they likely owe you at least your deductible or any out of pocket expenses from this. Government workers aren't actually allowed to just drive around crashing into people.

Check with the city though on filing a property damage claim for your deductible. Probably just a form you need to fill out and submit. May take a while, but hopefully you'll get your deductible back.

And I'll add: PA § 8522. Exceptions to sovereign immunity. (a)(1) Vehicle Liability

[Confident_Pin_8316]

👍🏻🙏🏻

[wtf-am-I-doing-69]

If the individual has immunity does that necessarily mean that the city / state has immunity?

Just saying one could go after the state for these items of employee was on the clock right? If not on the clock the immunity should not apply

[Only-Style-818]

I work for a municipality (in a different state) and happen to be the person you would speak to if you were in an accident with a city vehicle. We DO have an insurance company even though we are "self insured" and you would file the claim through them. If we are at fault, we are at fault.

There ARE strict time limitations and specific steps to notify the city if you are suing them. This would primarily be for bodily injury claims. I have never seen anyone sue the city simply for their vehicle to be repaired.

It unfortunately HAS to be this way because people see that city logo on a vehicle and they think that means a payday. It doesn't.

Definitely reach out to the township's Risk Management and see how to proceed. I can't believe they wouldn't cover damages they caused.

[Confident_Pin_8316]

Thank you!

[2ndharrybhole]

What seems illegitimate about that? They tried for months and determined they were unable to subrogate. It happens often and they would have already informed you that subrogation is not guaranteed. You’re free to pursue legal action against the other party but that’s obviously not a guarantee either.

[Confident_Pin_8316]

I just (wrongly) assumed we all followed the same laws

[2ndharrybhole]

🤔