What Happens if I am in a Car Crash with a Police Officer — and It is Not My Fault?
In the state of Maryland, police officers are immune from liability in car crashes.
A question came across the desk of Herndon car accident attorney Doug Landau regarding a crash that was cased by a police officer, driving a police car, in the state of Maryland. The specific question was whether damages can be recovered when a police officer causes a crash. And a related question, is there insurance coverage in this situation?
Experienced auto accident lawyer Landau notes the difference between a motorist who is uninsured vs. one who is immune.
In the state of Maryland, which is a mandatory liability insurance state, it is illegal for a motorist to be uninsured. In fact, it is a fineable, criminal offense to drive without insurance.
However, there is something called immunity which the legislature specifically enacted for the protection of persons in certain roles, e.g., police officers. Immunity for police officers means they are not held liable (or sometimes liability is limited) for certain actions or omissions, even when a private person would be held liable for damages.
Uninsured motorist coverage (insurance for times when a driver is involved in an accident caused by an uninsured motorist) contractually kicks in upon a finding of “fault”. But, in the case of a police officer, there will never be a finding of “fault” since the officer is immune. So, not even uninsured motorist coverage is available to assist an injured driver in this situation.
The best protection for the injured driver in this case would have been to have purchased more than the statutory minimums of no-fault Personal Injury Protection (PIP) coverage.
Of course, this is a somewhat specific situation, one that hopefully does not happen very often, so the cost of that extra coverage should be weighed against the potential benefits thereof.
If you or someone you know has been involved in an accident involving a car, bus, truck or other vehicle and there are questions as to what laws apply, email or call Abrams Landau, Ltd. at once (703-796-9555).