Maybe. In Virginia, the doctrine of sovereign immunity insulates municipalities from liability for negligence in performing or failing to perform governmental functions.
Determining whether an act or omission involves a governmental function for which a municipality is afforded sovereign immunity, as opposed to a proprietary function for which the city has no sovereign immunity, is complex and fact-specific.
Furthermore, employees of municipalities can also be protected by sovereign immunity under the proper set of circumstances.
Personal injury lawsuit against the city
Suppose a person files a personal injury lawsuit against a municipality and/or a municipal employee due to a car accident, and the judge hearing the case enters an order finding that the doctrine of sovereign immunity applies to the municipality and/or municipal employee.
In that case, the injured person may proceed with the injury claim and file a claim under the policy’s uninsured motorist coverage.
Uninsured motorist coverage in Virginia
In Virginia, all automobile insurance policies must include uninsured motorist coverage, which protects the injured person if the person who caused the accident is uninsured.
Included in the definition of an “uninsured motor vehicle” in “the Virginia Code is the” owner or operator of a motor vehicle that is immune from liability under the laws of the Commonwealth of Virginia or the United States.
The hypothetical injured person discussed above could perfect his or her uninsured motorist claim under his or her Virginia insurance policy by proceeding against the named defendant(s).
Still, any judgment obtained by the injured person against a defendant protected by sovereign immunity would be entered in the name of the “Immune Defendant” rather than “n in the name of “any defendant protected by sovereign immunity.
The “Immune Defendant”
The judgment against the “immune Defendant” would” be enforceable “against the injured person’s Virginia automobile person’s policy under the uninsured motorist provisions of the policy.
Questions regarding the application of the sovereign immunity doctrine and the availability of uninsured motorist coverage are specific to the facts of the individual personal injury case, and we encourage you to contact one of our personal injury lawyers in Virginia Beach.
We can assess whether the doctrine of sovereign immunity protects a municipality and/or a municipal employee and whether an exception to the doctrine, such as gross negligence, applies to the facts of the personal injury case.
As in all personal injury cases, an experienced lawyer can also advise the injured person on the value of the claim, guide the injured person through the process of filing a claim with the applicable insurance company or companies, and represent the injured person in the litigation of the claim if a lawsuit becomes necessary.
Related Injury Law FAQ’s
The application of the sovereign immunity doctrine to personal injury cases in Virginia.
Uninsured motorist coverage in car accident cases in Virginia.
Schedule a Consultation With Preston, Wilson & Crandley, PLC
At Preston, Wilson & Crandley, PLC, we are here to help navigate the complexities of post-accident procedures and legal matters. Our experienced team ensures you receive the support and compensation you deserve.
Our attorneys handle injury claims ranging from bicycle accidents, pedestrian accidents, motorcycle accidents, truck accidents, and car accidents to drunk driving accidents and wrongful death claims.
Give us a call and let our experience work for you. We have been helping the people of Virginia since 1955 and are ready to help you. Schedule a consultation to discuss your case.
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# Personal injury lawsuit against the city