Arlington County Not Liable for Damage to Stationary Vehicle by Snow Plough??

[Anonymous]

I just got off the phone with Arlington County and I am FUMING!!!

One of their snow ploughs reversed into our parked car and I have been told that Arlington County is covered by "Sovereign Immunity" and not liable for any damage as long as the driver was not grossly negligent e.g. on the phone or texting etc.

Is there anyone out there that can confirm (or hopefully refute) this? I would be grateful for any advice.

[Anonymous]

Yes, it's true.


Reference Virginia Tort Claims Act

[Anonymous]

Yep. I agree with the PP. It's very true and it sucks.

[Anonymous]

That's really interesting.

A few weeks ago, my family of four parked our car in a fire lane at a community center and my husband was going to run out of the car (from the passenger seat) to see if they were open. Two seconds later, a bobcat snow-mover thingy shattered the passenger side windows -- spewing glass all over my 1 year old and DH. Talk about traumatic. Our insurance deductible has been waived because, I assume, the c ounty insurance is covering all of our damages.

Seems odd your situation wouldn't be covered, too, OP.

[Anonymous]

It depends on if the snow removal device is county owned/operated or a private company operated. The private company wouldn't fall under Virginia Tort Claims Act.

[Anonymous]

You need to do some more research on this. Under the Virginia Tort Reform Act the Commonwealth has waived soverign immunity under certain circumstances and this appears to be one of them. See Virginia Code § 8.01-195.3 http://198.246.135.1/cgi-bin/legp504.exe?000+cod+8.01-195.3

§ 8.01-195.3. Commonwealth, transportation district or locality liable for damages in certain cases.

Subject to the provisions of this article, the Commonwealth shall be liable for claims for money only accruing on or after July 1, 1982, and any transportation district shall be liable for claims for money only accruing on or after July 1, 1986, on account of damage to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee while acting within the scope of his employment under circumstances where the Commonwealth or transportation district, if a private person, would be liable to the claimant for such damage, loss, injury or death. However, except to the extent that a transportation district contracts to do so pursuant to § 15.2-4518, neither the Commonwealth nor any transportation district shall be liable for interest prior to judgment or for punitive damages. The amount recoverable by any claimant shall not exceed (i) $25,000 for causes of action accruing prior to July 1, 1988, $75,000 for causes of action accruing on or after July 1, 1988, or $100,000 for causes of action accruing on or after July 1, 1993, or (ii) the maximum limits of any liability policy maintained to insure against such negligence or other tort, if such policy is in force at the time of the act or omission complained of, whichever is greater, exclusive of interest and costs.

You should also feel free to contact your state senator regarding this matter.

[Anonymous]

Counties are excluded from the PP

Nothing contained herein shall operate to reduce or limit the extent to which the Commonwealth or any transportation district, agency or employee was deemed liable for negligence as of July 1, 1982, nor shall any provision of this article be applicable to any county, city or town in the Commonwealth or be so construed as to remove or in any way diminish the sovereign immunity of any county, city or town in the Commonwealth.

[Anonymous]

Sorry, somehow I missed that it was the county and not the state. I'd suggest OP contact her local government representative and complain - constituent services.

[Anonymous]

I thought VDOT, and not the county, was responsible for snow removal?

[Anonymous]

This Commonwealth is SO BACKWARD. You would not see this lack of responsibility anywhere else. It reflects the people's rotten attitude, too. It makes me want to move and take my (extremely high end) tax money elsewhere. I'm sorry OP.

Other states have mandates to protect their patrons (taxpayers), with good reason. The more I know about Virginia, the less I wish I knew. Scary, indeed.

[Anonymous]

Anonymous wrote:That's really interesting.

A few weeks ago, my family of four parked our car in a fire lane at a community center and my husband was going to run out of the car (from the passenger seat) to see if they were open. Two seconds later, a bobcat snow-mover thingy shattered the passenger side windows -- spewing glass all over my 1 year old and DH. Talk about traumatic. Our insurance deductible has been waived because, I assume, the c ounty insurance is covering all of our damages.

Seems odd your situation wouldn't be covered, too, OP.

I'm thinking in this case the county correctly wagered that covering damages would be cheaper than a lawsuit. The fact that your family was in the car at the time is horrifying! I'm so glad to hear that everyone was safe!

[Anonymous]

"I'm thinking in this case the county correctly wagered that covering damages would be cheaper than a lawsuit. The fact that your family was in the car at the time is horrifying! I'm so glad to hear that everyone was safe!"

Oh yeah, the county is pretty stupid but not entirely. Glad you are okay!

[Anonymous]

Anonymous wrote:I just got off the phone with Arlington County and I am FUMING!!!

One of their snow ploughs reversed into our parked car and I have been told that Arlington County is covered by "Sovereign Immunity" and not liable for any damage as long as the driver was not grossly negligent e.g. on the phone or texting etc.

Is there anyone out there that can confirm (or hopefully refute) this? I would be grateful for any advice.

Good grief. Operating heavy machinery with his head up his a$$ wasn't gross enough?

[Anonymous]

Something similar happened to us in VT. Sorry.