Legal Question in Civil Rights Law in Colorado
Student vs. College
Student attending college had her personal vehicle struck by college's snow removal vehicle. Claim filed w/ college. College deals with a risk management company which denied claim because of Government Immunity Act. Can we take to small claims court and who do we file against, college or driver (state employee of college). Also, because of the Government Immunity Act will we it not be accepted through Small Claims Court or what kind of effect does this immunity act have on the case.
2 Answers from Attorneys
Re: Student vs. College
I would file in small claims court against the college AND the driver, individually. That should get their attention.
It is up to them to raise and prove governmental immunity. You won't know the court's position unless you file.
Many states have waived immunity by performing the functions you describe.
Go after them in small claims court. If you win, OK; if not, you did your best and they will know you will at least take them as far as you can.
Re: Student vs. College
I would file against the driver and college and anyone else that I could think of. Small claims has a money limit - I think it is $2000. If the claim is more than that, then you have to go somewhere else.
I do not think the Gov. Immunity Act should apply here. Besides, insurance companies are in the business of denying claims, that is how they make so much money. The government is supposed to plow snow, but it is not supposed to drive trucks into cars. No doubt there is insurance held by the college on the snow plow to cover damage such as this. They are just yanking your chain.
Related Questions & Answers
-
Can I hold the Departmen of Social Services Liable? Can I hold the Department of... Asked 10/04/01, 1:01 am in United States Colorado Civil Rights Law
-
Tape recording of a minor and admissability in court Regarding a childs... Asked 8/21/01, 12:02 am in United States Colorado Civil Rights Law