What to Do If You’re Hit by a City or County Vehicle in Florida: Part 2
- Jul 2
- 2 min read
In Part 1, we covered what qualifies as a government vehicle, why these accidents are handled differently, and how the Florida Tort Claims Act shapes your rights. Now, in Part 2, we’ll walk you through what really matters after the crash—how to properly file a claim against a city or county agency, the key legal issues that can impact your case, and what to expect once your claim is submitted. Understanding these next steps can make the difference between delays and a smooth path toward recovery.
Filing a Claim Against a Government Agency
Drafting Your Notice of Claim
The notice must include:
Your name and contact information
Date, time, and place of the accident
Description of the incident and damages
Names of involved parties (if known)
Make sure your claim is factually accurate and detailed. It’s often best to have an attorney draft it for you.
Where to Send the Claim
Send your notice to the appropriate agency:
For state agencies, submit to the Florida Department of Financial Services
For city or county vehicles, contact the city or county’s risk management or legal department
Always send your notice via certified mail and keep proof of delivery.
What Happens After the Claim Is Filed?
Government Response Options
The agency may:
Accept liability and negotiate a settlement
Request additional evidence or clarification
Deny the claim
If no resolution occurs within 180 days, you may file a lawsuit.
Avoid Filing Too Early
Filing a lawsuit before the waiting period ends (unless the claim is denied) may lead to your case being dismissed. Patience and proper timing are essential.
Limits on How Much Compensation You Can Receive
Florida’s Compensation Caps
Even if you win, Florida limits your recovery:
$200,000 per individual
$300,000 total per incident
These caps apply no matter how serious the injuries or how many people are affected.
Can You Receive More Than the Cap?
In rare cases, the Florida Legislature may pass a claims bill to allow a higher payout, but this is extremely uncommon and usually reserved for cases of severe negligence or public outcry.
Types of Damages You Can Recover
1. Medical Expenses and Lost Income
You may recover compensation for hospital bills, surgeries, therapy, prescriptions, and any future medical care required due to the accident. Lost income from time away from work is also included.
2. Property Damage
If your vehicle or personal items were damaged, you can seek reimbursement for repairs or replacement.
3. Pain and Suffering
Although hard to quantify, emotional distress, chronic pain, and reduced quality of life may be factored into your total compensation—up to the capped amount.
Why You Need an Attorney for Government Vehicle Cases
Legal Complexity
Claims involving government entities are not routine. They involve legal traps that can invalidate a case before it even reaches court. A personal injury lawyer ensures all deadlines, documents, and notices are handled correctly.
Leveling the Playing Field
Government agencies have legal departments that exist solely to minimize payouts and defend against lawsuits. Having your own attorney ensures that you’re not outmatched or undercompensated.
