Posted on 01/30/26
Here’s what to do if your accident involves a government vehicle in Buffalo. Follow standard vehicle accident procedures (calling 911, notifying your insurance company, etc). You may be required to file MV-104 with the NYS DMV within 10 days. If someone is severely injured and you intend to claim damages, you must submit a Notice of Claim to the relevant agency, usually within 90 days.
A Buffalo car accident lawyer can help you determine whether you are eligible to claim compensation and will deal with the necessary procedures. Because deadlines are short, get legal advice as soon as possible.
In Accidents Involving Government Vehicles, Certain Standard Procedures Apply
The checklist for any accident includes the following:
- Call 911 if anyone is injured, or the police if there is significant property damage, a suspected DUI, or an unlicensed driver is involved.
- Document the scene if able. If you are severely injured, wait for help to arrive.
- Exchange information with the driver of the government vehicle and the drivers of any other vehicles involved.
- Get the details of anyone who witnessed the accident.
- File MV-104 with the NYS DMV within 10 days if there are injuries or property damage that exceeds $1000.
- Notify your insurance company.
In severe accidents involving government vehicles, the procedure you follow differs from that you would use for an accident involving a regular motorist.
What to Do If Your Accident Involves a Government Vehicle
If the driver of a government vehicle in Buffalo caused your accident, and you are injured, government agencies accept vicarious liability for any accident occurring when a driver was acting within the scope of their employment and their negligence caused the accident.
Identify the agency and level of government responsible for the vehicle. For example, USPS trucks are operated by the federal government, and municipalities are usually responsible for sanitation vehicles.
If your injuries meet the definition for serious injury specified in N.Y. Ins. Law § 5102, and the driver of the government vehicle was at fault, or there is significant property damage, you may claim compensation. However, you must file a Notice of Claim with the relevant agency within a specified deadline, usually 90 days.
No-Fault Insurance Claims
New York is a no-fault insurance state. That means that your Personal Injury Protection (PIP) insurance covers medical costs up to its limit without any need to indicate who was at fault. If you are seriously injured, PIP insurance may not be enough to cover your costs.
New York law defines serious injury as an injury that results in:
- Death
- Dismemberment
- Significant disfigurement
- Fractures
- Loss of a fetus
- Loss of a body organ, limb, or function
- Permanent and significant limitation of a limb, organ, or function’s use
- An injury that prevents a person from undertaking almost all normal activities for 90 days following the injury
In serious injury cases, a determination of fault showing that the government vehicle’s driver caused your accident may indicate that the agency responsible for the government vehicle’s driver is liable for damages. To preserve your right to compensation, a Notice of Claim must be filed by the deadline.
Claims Against Government Agencies Present Unique Complexities
Claims against government agencies are different from normal civil claims due to the process you are required to follow. This begins with the filing of your Notice of Claim. Apart from this distinction, different courts are responsible for hearing any court cases that may follow a Buffalo rear end accident claim.
For example, United States District Courts hear cases filed against federal agencies, and the New York State Court of Claims or New York Supreme Court hears cases against state-owned entities after an administrative process. Meeting deadlines and navigating the required claims process can be difficult if you are not a lawyer with prior experience in this type of case.
If you need help with a matter arising from an accident that involves a government vehicle in Buffalo, reach out to Towey Law PLLC.