I’m in New Jersey and looking for advice regarding an accident involving a city-owned police vehicle.
September 24 — Accident
I parked my car near a light rail station before going to work. When I returned, my car was gone. I called the police and discovered it had been towed after a police SUV responding to an emergency struck my parked vehicle and another parked car. According to the police report, the officer claimed the steering wheel locked while making a turn, causing him to lose control and hit both vehicles. My car sustained significant damage and is currently not drivable safely.
September 29 — Filed a Tort Claim
I went to City Hall and filed a formal Notice of Tort Claim against the city. I received a stamped confirmation that it was filed. That same day, I visited the impound lot to inspect my car and retrieve my personal belongings. At this point, I decided to wait for the city’s insurance/claims administrator instead of filing through my own insurance. I figured that since a city-owned police vehicle caused the accident while my car was legally parked and unoccupied, the city would handle the damage directly.
September 29 – October 11 — No Progress
I repeatedly contacted the city to find out who was handling the claim. I also emailed their legal department and followed up. I was told the process takes time and that I likely wouldn’t hear back immediately. Meanwhile, my car remained in impound, I had no transportation, and storage fees continued accumulating.
October 12 — City’s Claims Administrator Finally Contacted Me
The city’s third-party claims administrator finally called. They told me I needed to file the collision claim through my OWN auto insurance, and that they would reimburse my deductible after the claim was processed. I specifically asked whether they would cover the repairs or total-loss value directly, and they said no. They also requested my insurance declarations page showing my coverage and deductible. So after almost three weeks of waiting, I finally opened a claim through my own insurance.
October 13 — More Expenses
I received calls from my insurance company and a rental car company.
My insurance representative also mentioned that the city apparently wasn’t aware of the accident or claim, which confused me because there was already a police report and I had filed a formal Tort Claim weeks earlier. My insurance then explained that before my vehicle could be transported to a repair facility for inspection, I needed to: Pay approximately $1,000 in accumulated impound/storage fees. Pay an additional $265 towing charge. The impound fees continue increasing by $50 per day. My insurer said I should be reimbursed, but I’m trying to get clarification about exactly who will cover these expenses. My rental coverage is also limited to $40/day with a $1,200 maximum.
My Questions
- Is it normal in New Jersey for a city to make you use your own collision insurance when a police vehicle hits your legally parked car?
- Could this not-at-fault collision claim increase my insurance premium?
- Can I recover all the towing, impound, and storage fees, particularly since I was waiting for the city to process my claim?
- Can I pursue reimbursement for rental expenses beyond my own policy limits?
- Is there any point in consulting an attorney, or would that just cost more than I could realistically recover?
I’m frustrated because I had absolutely no involvement in causing this accident. My vehicle was legally parked and unoccupied, yet I’ve gone nearly three weeks without transportation and now have to pay substantial fees upfront to get my car inspected.
I’m not looking for an unreasonable payout. I just want my vehicle properly repaired or fairly compensated if it’s totaled, my expenses covered, and to avoid being financially penalized for something completely outside my control.
Has anyone in NJ dealt with a similar situation involving a government-owned vehicle? I’d really appreciate any advice.
EDIT: Bayonne Police Department
I had just moved to Bayonne a few months ago, so I wasn’t familiar with how the city handles these situations. City Hall employees told me they would handle everything, including the appraisal, repairs, or replacement of my car. I filed my Tort Claim on September 29 and followed up multiple times. It wasn’t until October 12 that I was told to go through my own insurance instead. Had I known that from the beginning, I would’ve done so immediately. I’ve since received a rental, but I’m still dealing with the towing and storage fees that accumulated in the meantime.