A wreck with a city police car or a county truck turns first on who owned the vehicle. The owner decides which statute governs the claim and where it is heard. For a city or a county the insurance policy also sets how far the claim reaches. The sections below start with a table sorted by owner and then take the city rule, the county rule, emergency vehicles, the State contrast and the deadlines in turn.
Whose vehicle it was decides the forum and the ceiling
The government that owned the vehicle decides which North Carolina statute governs an injury claim after a wreck. A city vehicle falls under G.S. 160A-485 and a county vehicle falls under G.S. 153A-435. A vehicle of a State department or agency falls under the State Tort Claims Act in G.S. 143-291.
| Owner of the vehicle | Statute | Where the claim is heard | How far the claim reaches |
|---|---|---|---|
| A city | G.S. 160A-485 | Any court of competent jurisdiction | The city's insurance policy limits |
| A city of 500,000 or more that adopted a waiver resolution | G.S. 160A-485.5 | The Superior Court Division in the county where the city is principally located | The State Tort Claims Act cap in G.S. 143-299.2 |
| A county | G.S. 153A-435 | A lawsuit against the county | The extent of the county's insurance coverage |
| A local board of education | G.S. 115C-42 | A court of competent jurisdiction, but only in the county of that board | The extent of the board's insurance |
| A State department, institution or agency | G.S. 143-291(a) | The North Carolina Industrial Commission | $1,000,000 for injury to any one person from any one occurrence under G.S. 143-299.2, less any commercial liability insurance the State bought that applies to the claim |
| A federal agency | 28 U.S.C. 2675(a) | A claim presented to the appropriate federal agency, which must be finally denied in writing before a lawsuit | A lawsuit cannot seek more than the claim presented to the agency, except as 28 U.S.C. 2675(b) allows |
A claim over a city vehicle and a claim over a State vehicle start in different places and run under different statutes, even when the two wrecks happen on the same road.
Pin down the government that owned the vehicle and employed the driver before anything else. The general rules for a wreck with a private driver are on the car accident attorney page, and the rest of this post covers what changes when the owner is a government.
How a city's liability insurance waives its immunity
G.S. 160A-485(a) authorizes a North Carolina city to waive its immunity from civil liability in tort by purchasing liability insurance. The statute waives immunity only to the extent that the city is indemnified by that insurance.
Risk pools and funded reserves count as insurance
Participation in a local government risk pool under Article 23 of Chapter 58 is treated as the purchase of insurance under G.S. 160A-485(a). A city council can also adopt a resolution that treats a funded reserve as insurance. A waiver through a reserve reaches only as far as the council's resolution specifies and never beyond the funds available in the reserve for the payment of claims.
The city board picks which torts and employees are covered
Under G.S. 160A-485(b) the city's governing board decides which torts a contract covers and which officials, employees and agents it covers. A city can buy one or more contracts, each covering different torts or different officials, employees or agents. An insurer that issues one of these contracts waives any defense based on the governmental immunity of the city.
A city vehicle case asks whether the coverage reaches the driver and the act behind the wreck. In my view the policy is the first document worth reading in one of these claims.
For a city vehicle the insurance policy sets how far the claim reaches.
No judgment above the policy limits, and the judge decides coverage
G.S. 160A-485(c) bars any judgment against a North Carolina city in excess of its insurance policy limits on a tort claim the city would have been immune from but for the insurance. If a verdict awards more than those limits, the presiding judge reduces the award to the maximum policy limits before entering judgment.
An injured person can bring a tort claim against an insured city in any court of competent jurisdiction. Governmental immunity is no defense to the extent the city is insured against the claim. The same subsection takes away no other defense the city may have at common law or by statute.
What the jury hears
G.S. 160A-485(d) keeps the city's insurance out of the jury's hearing. The jury is absent during all motions, arguments, testimony and findings on insurance coverage.
What the judge decides
No judgment may be entered against the city unless the plaintiff waives a jury trial on all issues of law or fact relating to insurance coverage. The judge decides those issues under G.S. 160A-485(d), and the city can waive that and request a jury on them.
Wherever you are in North Carolina the first conversation happens by phone or video, and after that I can come to you. The how it works page sets out that sequence.
Exception. G.S. 160A-485(e) says nothing in the section applies to a tort claim for which the city is not immune from liability under the statutes or common law of North Carolina. The policy limit ceiling in subsection (c) is written for a claim the city would have been immune from but for the insurance.
A county vehicle and the insurance waiver in G.S. 153A-435
A North Carolina county waives its governmental immunity under G.S. 153A-435(a) by purchasing liability insurance. The waiver reaches only as far as the coverage and applies to acts or omissions in the exercise of a governmental function.
Joining a local government risk pool counts as buying insurance for a county too. A board of commissioners can also adopt a resolution that treats a funded reserve as insurance. That waiver is limited to the terms of the resolution and the reserve funds available for claims.
Under G.S. 153A-435(b), once a county has waived its immunity, a person injured by an act or omission of the county or its officers, agents or employees in a governmental function can sue the county. When the injured person has died, the personal representative brings the suit. The wrongful death attorney page covers who that representative is.
City vehicle under G.S. 160A-485(d)
No judgment may be entered against the city unless the plaintiff waives a jury trial on all issues of law or fact relating to insurance coverage. The judge decides those issues unless the city requests a jury on them.
County vehicle under G.S. 153A-435(b)
County liability for a governmental function does not attach unless the plaintiff waives a jury on all issues of law or fact relating to insurance. The judge decides those issues unless the defendant requests a jury trial on them.
In a city case and in a county case alike, the plaintiff's jury waiver on insurance questions is a condition the statute sets: G.S. 160A-485(d) for a city and G.S. 153A-435(b) for a county.
Police cars, fire trucks and ambulances on an emergency call
G.S. 20-145 exempts certain North Carolina emergency vehicles from the speed limitations set forth in the Article of Chapter 20 that contains it. Each exemption comes with its own condition.
| Vehicle | When the speed exemption applies |
|---|---|
| Police vehicle | In the chase or apprehension of violators of the law, operated with due regard for safety under the direction of the police |
| Fire department or fire patrol vehicle | When traveling in response to a fire alarm |
| Public or private ambulance and rescue squad emergency service vehicle | When traveling in emergencies |
Exception. G.S. 20-145 does not protect the driver of any of these vehicles from the consequences of a reckless disregard of the safety of others.
G.S. 20-156(b) requires other drivers to yield the right-of-way to police and fire department vehicles, ambulances and the other vehicles it lists when they give a warning signal by appropriate light and by bell, siren or exhaust whistle. The same subsection says that rule does not relieve the driver of a police or fire department vehicle from the duty to drive with due regard for the safety of all persons using the highway.
After a wreck with a police car I want to know whether it was on an emergency run, because the statute treats that drive differently. The insurance question under G.S. 160A-485 or G.S. 153A-435 still comes after it.
Why the State Tort Claims Act does not reach a city police car
The State Tort Claims Act in G.S. 143-291(a) makes the North Carolina Industrial Commission a court for tort claims against the State Board of Education, the Board of Transportation and all other departments, institutions and agencies of the State. A city police car or a county truck runs through the city or county insurance statutes instead.
The Eastern North Carolina page covers how the Commission decides a State vehicle claim. A federal vehicle claim starts by presenting the claim to the appropriate federal agency under 28 U.S.C. 2675(a), and the Sandhills page covers that process.
Exception. G.S. 160A-485.5 lets a city with a population of 500,000 or more by the most recent decennial federal census waive its immunity by resolution under the State Tort Claims Act. The claim then goes to the Superior Court Division in the county where the city is principally located. The limitation on claims in G.S. 143-299 and the limit on payments in G.S. 143-299.2 still apply, and G.S. 160A-485 no longer applies to that city.
Deadlines and the notice duty on a city or county claim
G.S. 160A-485(c) leaves in place the injured person's duty to commence the action within the applicable period of time limited by statute. Insurance waives immunity and leaves the clock running.
For personal injury, G.S. 1-52 sets a three-year period in subdivision (16). For a death, G.S. 1-53(4) sets a two-year period, and the claim does not accrue until the date of death.
G.S. 1-53(1) sets a separate two-year period for an action against a local unit of government upon a contract, obligation or liability arising out of a contract. Its text is written for contract claims.
The notice duty is a separate question from the filing deadline. G.S. 160A-485(c) says nothing in the section relieves a plaintiff of any duty to give notice of the claim to the city. G.S. 115C-42 keeps the same notice duty and filing deadline for a claim against a local board of education.
G.S. 160A-485(c) keeps both the notice duty and the filing deadline. Insurance changes whether the city can be sued and how much can be paid.
