Unfortunately, the person you spoke with is right, although for different reasons than immunity. In fact, the city ( a political subdivision in legal talk) is liable for damage arising from the operation or use of a motor vehicle by its employees. However, the political subdivision is entitled to a set off (credit) for any insurance benefits that you receive or are entitled to receive. In your case, you have comprehensive collision coverage under your automobile insurance to cover your damages, less your deductible. Therefore, the city is entitled to a credit for the amount paid by your insurance company for your damages. In other words, the city only has to pay your out of pocket expenses after insurance pays, whether or not you formally make a claim under your insurance. Since your only out of pocket expense should be your deductible if you make a claim under your insurance, then that is all you are entitled to from the city. Even if you dont make an insurance claim under your automobile insurance, the city gets a credit for what it would have paid had you formally made a claim.
Not saying that its right or fair, but that is what the law is.
Good luck to you.
Our family worked with Joe Hartle to finalize the adoption of our daughter last fall. So while we were not the typical client of this firm, we still had a great experience. Joe is the best, was so friendly, easy to work with and made us feel very special during…
Attorney Scott helped me with my car accident case. I highly recommend Attorney Scott. He was very good about explaining things to me, and I am very happy with the results. Thank you!
Attorney Lafferty handled my car accident vs. pedestrian case. Very happy with the service and representation he provided. Great result!
Attorney Scott was wonderful in his representation of me for my car accident.
I was represented by Joe Hartle, who did a great job with my auto accident claim. Very happy with the end result.
Highly recommended. The attorneys are very knowledgeable, helpful, and friendly. They did an outstanding job representing us after a terrible car accident caused us serious injuries.
Joe Hartle represented us in a wrongful death case involving a semi-truck. He did an outstanding job during a very trying time in our life. Thank you!
Excellent service all the way around. Happy to recommend Lafferty Gallagher & Scott
Very professional and informative. Thank you to Attorney Jon Lafferty.
Excellent service from Mickey Scott. Thank you!