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QuestionInsurance Question  What if I was hit by a city vehicle and they were at fault?

AnswerAuto Insurance Answer

If you were hit by a city vehicle the driver should have given the information you needed in order to make a claim. Hopefully you had the police come to the scene and take an accident report as well.

Usually with city, state or government vehicles there are specific claim guidelines to follow and the claim must be made within a certain period of time so make sure you follow the claims process so that you can have your car damages repaired.

It is likely you will have to file a Notice of Claim within a certain period of time to get the process started. Because of an accident with a government, state or city vehicle is handled differently than a normal car insurance claim, make sure you get your claim filed within the specified time frame so that your claim is not denied.

To get information on how to file your claim contact the City Hall of the city that owned the vehicle that hit your car.

As an example of what you may need to do the City of Boston has the following steps to take when filing a Notice of Claim.

The City of Boston notes that the following procedures listed below to file a claim if you incurred damages or injuries caused by roadway and sidewalk defects or potholes within city limits, seeking a reimbursement or were involved in a collision with a vehicle owned or leased by the city. You first must complete a Notice of Claim form that the City of Boston has available for a motorist to download.

To make a claim with the City of Boston one must include the following items:

  1. Detailed Explanation of damages or injuries suffered.
  2. Exact Location of Incident.
  3. Date of Incident.
  4. A $5.00 filing fee as stipulated by the Ordinances of 1981.

Items that may also be included with your claim to help it be processed:

  1. Itemized estimate of damages and/or receipts
  2. Copy of Police Report if applicable
  3. Copy of medical bills for personal injuries
  4. If estimate of repairs is over $500, a second estimate may be required

As we mentioned early most all cities will have strict time periods in which to make a claim. For Boston all claims for sidewalk, roadway or pothole incidents must be filed within thirty (30) days of the date of the incident per the Statute of Limitations Law.

All claims involving city owned or leased vehicles or personal injuries must be filed within two (2) years of the date of the incident per the Statute of Limitations Law (Massachusetts law).

The Office of the City Clerk for Boston will not process claims filed after the statute of limitation dates or without the $5.00 filing fee. The City Clerk is responsible for filing the claim but then has no further involvement once it is forwarded to the City’s law department.

Normally any city’s law department will require sufficient time to complete an investigation of your claim and compensation will be paid only if the city is found liable. In Boston to preserve your rights, if the City does not pay a motorist’s claim, one may still pursue the matter in the appropriate state court within 3 years from the date of the incident.

Again to find out the procedures for filing a claim for an accident with the city vehicle that hit your car contact city hall or if you were given a number of specific city agency to contact. Your state’s insurance regulatory body may be able to give you more consumer advice as well.

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