It’s one thing to be hit by a distracted driver. It’s another when the person behind the wheel is a police officer.
Suddenly, everything feels harder to navigate. Reporting the crash, figuring out who’s liable, and even wondering whether you can question what happened becomes more complicated. The power dynamic changes the moment you realize who’s driving, and if you’re not careful, you could walk away without the compensation you may deserve.
This kind of crash raises legal issues most people aren’t remotely prepared for. In Washington, special rules apply when government vehicles are involved. Missing a step along the way could cost you your entire claim. If you’re wondering what happens if a cop hits your car, the most important thing to know is this: you are not powerless. And you may have more legal options than you think.
You Can Still File a Claim, But It Won’t Be Like a Normal Car Accident
When a police officer causes a crash while driving a marked vehicle, they’re probably on duty. That matters because it shifts potential liability from the individual officer to the state, county, or city they work for.
It also means you won’t just be dealing with their auto insurance policy. You may be filing a claim against a government body instead. And as you might expect, holding a government agency accountable does not work the same way as a standard claim.
The process is slower, stricter, and often structured to protect the institution rather than the individual. But the law still allows victims a path forward. You just need to know how to take it.
Who’s Liable When Police Damage Your Car or Injure You?
Washington law doesn’t give officers blanket immunity. Whether responding to a call, patrolling, or simply heading back to the department, they still must drive responsibly and follow safety protocols.
Determining liability in a crash like this comes down to several factors:
- Was the officer acting within the scope of their duties?
- Were their emergency lights and sirens activated (if required)?
- Did they break traffic laws in a way that caused your injuries or damage?
If the officer drove recklessly, failed to use sirens at a red light, or rear-ended you while distracted, they (or, more specifically, their employer) may be liable.
If you are hit by a police car, compensation is not automatically denied. You can still file a legitimate claim for your injuries and police damage to your vehicle.
What Washington Law Says About These Claims
Here’s where things get technical—and critical.
Under the Washington State Tort Claims Act, individuals can file claims against state agencies for damages. Similar procedures exist for counties and cities.
But there are a few important legal requirements:
- Mandatory notice. Before filing a lawsuit, you must submit a tort claim form to the correct government agency.
- Waiting period. The agency has 60 days to review your claim before you can legally sue.
- Time limits matter. Washington’s statute of limitations for personal injury is three years, but for a tort claim, that window starts when the injury occurs, and the 60-day review period does not pause the clock.
In other words, if police damage your car or injure you in a crash, delays and red tape can work against you. The earlier you get legal help, the better.
What You Should Do at the Scene and After
Dealing with a law enforcement officer as the at-fault driver can be awkward and intimidating. But your priority is protecting yourself, not protecting feelings.
Here’s what to do:
- Call 911 immediately. Always report the accident, even if the other driver is a police officer.
- Request an independent review. To prevent conflicts of interest, ask for a separate law enforcement agency to investigate and document the accident.
- Collect evidence. Take photos at the scene, gather witness contact info, and write down the officer’s name, department, and badge number.
- Seek medical treatment immediately. Even if your injuries seem minor, prompt care creates a medical record to support your claim.
- Request a copy of the crash report. It might not be handed to you automatically, so ask for it.
And above all, don’t let titles or uniforms stop you from advocating for yourself.
Filing the Claim: How It Works
Once you’ve gathered evidence and received medical care, your next step is filing a formal tort claim. This is not just a piece of paperwork. It is a structured legal document that explains what happened, what damages occurred, and why the government agency should be held responsible.
You must file with the correct entity (city, county, or state) depending on the officer’s employer. If you name the wrong one, your claim can be tossed out. Miss the deadline? Same result.
That is why working with an attorney who understands the local system is not just helpful but essential.
Should You Call a Lawyer for Help?
Yes—and not just any lawyer. Get a car accident attorney who knows how to handle claims against government entities.
Police-involved accidents aren’t just personal injury cases. They demand an understanding of liability immunity, municipal risk pools, public duty doctrines, and sometimes internal department policies.
Trying to tackle this alone is like playing chess against someone who has read the rulebook and decides which pieces you’re allowed to move.
You’re Not Powerless, Even When a Badge Is Involved
Getting hit by a police car may leave you feeling like the odds are against you, but injury law exists to level the playing field. Officers aren’t above the law, nor are the departments protecting them. You deserve the same chance at recovery and justice as you would after any other crash.
If you’re still wondering what happens if a cop hits your car, start by acknowledging this: you deserve fair treatment, proper care, and a trustworthy legal guide by your side.
At Brett McCandlis Brown & Conner, we’ve protected injured Washingtonians since 1977. Our attorneys have over 40 years of experience helping victims recover after motor vehicle accidents, including injury claims against government entities and law enforcement agencies.
