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In Colorado, is a city liable for damages to a car from

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shots fired by a police...
In Colorado, is a city liable for damages to a car from shots fired by a police officer who was shooting at a dog.
Submitted: 10 months ago.Category: Personal Injury Law
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Answered in 14 minutes by:
10/5/2017
Personal Injury Lawyer: Longhorn Lawyer, Attorney replied 10 months ago
Longhorn Lawyer
Longhorn Lawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 13,558
Experience: Knowledgeable and experienced in personal injury matters.
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Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience. Thank you for your patience. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating.

Your answer is below. But first, I need to remind you that I am not a court officer, a legislator who makes the laws, or a judge. I do not make any decisions about your case. I am only here to provide you with information about the situation. So please do not hold negative or bad news against me. I am just a messenger.

ANSWER: Unfortunately I don't have good news. Under the Colorado government immunity statutes (CRS Title 24, Section 10-101-110), the government would not be liable for property damage such as this. The applicable state statute says: "In order to encourage the provision of services to protect the public health and safety and to allow public entities to allocate their limited fiscal resources, a public entity or public employee shall not be deemed to have assumed a duty of care where none otherwise existed by the performance of a service or an act of assistance for the benefit of any person."

And in order to make a case for civil liability for damage to the vehicle, you have to show that the officer failed in his duty of care. Since the statue says no duty of care is created in these circumstances, a civil suit for damages would not succeed. Otherwise, the government would go broke trying to protect the health and safety if its population.

I'm really sorry. I know this is not what you wanted to hear or expected to hear. But again, I do not make the laws. I'm just a messenger. So please do not hold it against me.

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Customer reply replied 10 months ago
What if the city has insurance for such incidents. Initially, the city said to submit a claim, then the adjuster said the city would pay the deductible and should submit to car insurance?
Personal Injury Lawyer: Longhorn Lawyer, Attorney replied 10 months ago

That's different, of course. You should submit that claim. But if the claim is not accepted, you cannot then file a suit in court on this basis.

Remember that I don't get credit for doing my job if you do not give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!

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Customer reply replied 10 months ago
After looking up your reference to CRS Title 24 Section 10 I found a reference to CRS 29-59-111 Liability of Peace officers. What say you?
Personal Injury Lawyer: Longhorn Lawyer, Attorney replied 10 months ago

That's likely why they have the insurance you mentioned; to pay such claims. Follow their advice and file the claim.

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Customer reply replied 10 months ago
After looking up your reference to CRS Title 24 Section 10 I found a reference to CRS 29-59-111 Liability of Peace officers. Does that apply?
Customer reply replied 10 months ago
After looking up your reference to CRS Title 24 Section 10 I found CRS 29-59-111 Liability of Peace officers. How does that work?
Customer reply replied 10 months ago
Done but the adjuster only wants to pay the deductible and make the automobile insurer pay the rest. Won't that raise my insurance?
Personal Injury Lawyer: Longhorn Lawyer, Attorney replied 10 months ago

Insurance is a different question altogether, and one that is determined by the policy and the company.

As far as the question relating to 29-5-111, we touched on that earlier. And I mentioned that the municipality has immunity and that this provision also gives rise to some compensation for the loss, in the form of insurance claims with the municipality. See above.

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Customer reply replied 10 months ago
Please address the police liability.
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