Quick answer
The driver who fled is usually responsible, and sometimes the police agency is too. The officer is generally not personally liable, and the agency can be immune if its pursuit policy meets Vehicle Code section 17004.7. Claims against a public agency are usually due within six months.
If you were hurt in a police chase in California, the driver who fled is usually responsible, and in some cases the police agency is too. The officer behind the wheel is generally not personally liable. Whether the agency pays depends on whether it qualifies for pursuit immunity, and a claim against a public agency usually has to be filed within six months.
We are B&D Law Group, APLC, a Los Angeles personal injury firm. This guide explains who can be responsible after a pursuit crash, when the agency is protected, and the deadlines that apply.
Who can be responsible for a police chase crash
- The fleeing driver. The person who ran from police caused the danger in the first place. Fleeing from police is itself a crime, and under Vehicle Code section 2800.3 it carries state prison time when it causes serious bodily injury or death. A civil injury claim against that driver, and their insurer, is separate from the criminal case.
- The police agency. In some cases the city, county or state agency that employs the pursuing officer can be liable, as explained below.
- Other drivers. Another motorist who was careless during the chase, for example by failing to yield, may share fault.
Why the officer is usually not personally liable
Vehicle Code section 17004 says a public employee is not liable for injuries caused while operating an authorized emergency vehicle in the immediate pursuit of an actual or suspected violator of the law. That protects the individual officer. It does not, by itself, protect the agency.
When the agency is liable, and when it is immune
Under Vehicle Code section 17001, a public entity is liable for injuries caused by an employee’s negligent driving within the scope of the job. In Thomas v. City of Richmond (1995), the California Supreme Court held that another general immunity does not wipe out that liability.
Vehicle Code section 17004.7 creates a separate immunity for pursuits. An agency is immune if it adopts and promulgates a written pursuit policy that meets the statute’s standards and provides pursuit training every year. Promulgation includes a requirement that officers certify in writing that they received, read and understand the policy.
In Ramirez v. City of Gardena (2018), the Supreme Court held that the policy must require that written certification, but the agency does not have to prove every officer actually signed it. Whether a specific agency’s policy qualifies is a question of law for the court, so it is decided case by case.
When the fleeing driver has no insurance or is never found
Many drivers who flee from police are uninsured, and some are never caught. Your own auto policy’s uninsured motorist coverage may pay for your injuries in that situation. Our guide to what happens when the at-fault driver is uninsured explains how those claims work, and our hit-and-run guide covers the reporting steps.
Deadlines
| Who you claim against | First deadline | Then |
|---|---|---|
| A city, county or state agency | Government claim within 6 months of the crash (Government Code section 911.2) | If the claim is rejected in writing, a lawsuit within 6 months of that notice; with no written notice, within 2 years (Government Code section 945.6) |
| The fleeing driver or another private driver | Lawsuit within 2 years (Code of Civil Procedure section 335.1) | No government claim step |
If you miss the six-month window, Government Code section 911.4 allows a written application to present a late claim, with the reason for the delay, within a reasonable time and no later than one year after the crash. See how long you have to file a personal injury claim in California for the general rules.
What to do after a police chase crash
- Get medical care and keep every record.
- Get the police report number and the name of the agency involved in the pursuit.
- Photograph the scene, the vehicles and your injuries.
- Write down the names of witnesses and what they saw, including whether lights and sirens were on.
- Ask for nearby business and doorbell video quickly, since it is often recorded over.
- Put the six-month government claim date on your calendar the same day.
If you were hit by a police car, fire truck or ambulance that was responding to a call rather than chasing someone, see our guide to being hit by an emergency vehicle in California. Our street takeover crash guide covers another kind of reckless-driving crash.
Frequently asked questions
Can I sue the police after being hit during a chase?
Sometimes. The officer who was driving is generally protected from personal liability, but the agency can be liable under Vehicle Code section 17001 unless it qualifies for pursuit immunity under section 17004.7.
What makes a police agency immune for a chase crash?
The agency must have adopted and promulgated a written pursuit policy that meets the standards in Vehicle Code section 17004.7 and provide pursuit training every year. Whether a particular agency qualifies is decided by the court.
Can I recover from the driver who was fleeing?
Yes. The fleeing driver is responsible for the crash they caused, and their insurance may respond. If they had no insurance or were never found, your own uninsured motorist coverage may help.
What is the deadline to file a claim against a city or county?
Generally six months from the crash for a government claim under Government Code section 911.2. Claims against a private driver generally have two years.
I was a passenger in the fleeing car. Can I still make a claim?
Possibly, but these cases depend heavily on the facts, including whether you knew the driver was fleeing. Talk to a lawyer about your specific situation.
Talk to a lawyer about your case
If you were hurt in a police chase in California, our car accident attorneys can review who was at fault and which deadline applies. Call (888) 977-2238 or use our contact page.
Attorney advertising. This article is provided for general informational purposes only and does not constitute legal advice. Reading this article or contacting us does not create an attorney-client relationship. Every case is different and past results do not guarantee a similar outcome. If you have been injured, speak with a licensed attorney about your specific situation.
Related Reading
- As Discussed on KGET 17: Personal Injury Claim Mistakes to Avoid
- Uninsured Motorist Claims in California: How UM and UIM Coverage Works
- Negligent Security in California: When a Property Owner Pays for an Assault
- As Discussed on KGET 17: How to Choose a Personal Injury Attorney
- Car Accident Attorneys — B&D Law Group