Setareh Law
March 4, 2026
Most people assume that being in a car accident with a police officer means dealing with a straightforward insurance claim, but the reality is far more complicated, and far more consequential, than that. When an off-duty officer is at fault for a collision, questions of personal liability, government immunity, and the officer’s legal status at the time of the crash can all affect your ability to recover compensation. Understanding the landscape before you take any action is essential to protecting your rights.
At Setareh Law, we have over 60 years of combined experience helping injury victims across California navigate exactly these kinds of complex claims. With more than $250 million recovered on behalf of our clients and a commitment to one-on-one attention for every person we represent, we are prepared to dig into the details of your case and fight for everything you deserve. Cases involving government employees and complex liability questions share many of the same challenges as hit-and-run accidents, where identifying the right parties to hold accountable requires immediate and thorough investigation.
Was the Officer Acting “On Duty” at the Time?
The single most important question in these cases is whether the officer was acting within the scope of their employment when the accident occurred. This distinction carries significant legal weight and will shape every aspect of your claim.
If an officer was driving a police vehicle, responding to a call, or otherwise performing official duties at the time of the crash, your claim may be directed against the government agency that employs them rather than the officer personally. However, if the officer was entirely off duty, driving their personal vehicle, running a personal errand, and not performing any official function, they are generally treated the same as any other private driver under California law. Determining which category applies requires a careful look at the circumstances surrounding the crash, which is where experienced legal counsel becomes invaluable.
Suing a Government Agency in California
When a government agency may share responsibility for your injuries, the process for seeking compensation is very different from a standard personal injury claim. You cannot simply file a lawsuit, you must first go through the California Government Claims process.
The Claims Process and Deadlines
According to the California Courts Self-Help Guide, if you are injured by a government employee or agency, you must file an administrative claim with the government agency within six months of the date of your injury. This deadline is significantly shorter than the two-year statute of limitations for standard personal injury cases. If the agency denies your claim, you then have six months from the date of that denial to file a lawsuit in court. Missing either of these deadlines can permanently bar you from recovering any compensation, regardless of how strong your case may be.
Government Immunity and Its Limits
California law provides certain protections for government entities, but those protections are not absolute. Government agencies can be held liable when their employees act negligently while performing their duties, and immunity does not apply simply because the at-fault party is a public servant. An experienced attorney can evaluate whether any immunity provisions apply to your situation and identify the best path forward for your specific claim.
When the Officer Is Fully Off Duty
If the officer involved in your accident was acting as a private citizen at the time of the crash, your claim proceeds much like any other car accident case. You would pursue the officer personally and file against their personal auto insurance policy. The fact that the at-fault driver happens to be a law enforcement officer does not entitle them to special protections in that scenario, and you retain the full range of legal options available to any accident victim in California.
That said, these cases can still carry complications. If the collision resulted in catastrophic injuries like spinal damage, traumatic brain injury, or permanent disability, or if a family member was lost in the crash and a wrongful death claim is involved, the stakes are too high to navigate without skilled representation. And if the at-fault officer carried insufficient coverage, you may also have a claim through your own uninsured or underinsured motorist policy.
Contact Setareh Law to Discuss Your Case
Accidents involving law enforcement officers introduce layers of legal complexity that most people are simply not equipped to handle on their own. Acting quickly matters enormously in these cases, given the shortened government claims deadlines and the need to preserve evidence before it disappears. At Setareh Law, we handle every case on a contingency fee basis, meaning you pay nothing unless we win.
Our firm has earned over 400 five-star Google reviews and a proven track record of results that speaks for itself. If you or a loved one was injured in an accident involving an off-duty police officer, do not wait to seek guidance. Reach out through our contact form to schedule a free consultation with Setareh Law today.
