Our country’s national parks are critical conservation resources and amazing sites to visit. But what happens when a park employee causes an auto accident? They are technically federal employees, so does subrogation against the government apply? In the episode of On Subrogation: Park Ranger Liability below, Rathbone Group attorney Jason Sullivan takes a trip out west to talk about a recent case and explain.
In Jason’s case, a National Park Service ranger was driving behind his client’s insured on a park road. The insured wanted to turn left into a pull-off where they could observe the wildlife, so they turned on their left turn signal. The park ranger did not think this meant they wanted to turn left but interpreted the signal to mean “go around me”. As you can imagine, this resulted in the ranger hitting the insured as they tried to turn left into the pull-off.
This resulted in a subrogation claim against the NPS and the ranger driving the car. But because the NPS is a federal agency – and so the ranger a federal employee – the Federal Tort Claims Act applies, which means you have to subrogate against the government directly. You cannot sue the ranger or the NPS – the US government is the defendant and the matter has to be litigated in federal court.
A Refresher on the FTCA in Subrogation
The Federal Tort Claims Act is a federal law that allows citizens and insurers to pursue claims against the US when a federal employee causes damage or injury while acting within the scope of their job. Subrogation claims involving the FTCA are more complex than typical negligence and liability placement; the claimant is required to first file an administrative claim with the appropriate federal agency before launching the subrogation lawsuit.
If the claim is denied or the government does not resolve the matter in the applicable time period, the insurance dispute can then proceed to federal court. FTCA claims involve strict procedural requirements and filing deadlines, making prompt investigations and detailed knowledge of the process critical to maximizing subrogation recovery against a government entity.
Find in-depth information on the FTCA and subrogation strategy for government entities with more On Subrogation:
- YouTube Episode: Federal Tort Claims Act
- Podcast Episode: Third Party Liability – Government Entities
- Companion Article: Can I File a Subrogation Claim Against the Federal Government?
A Case With a Complicated Route to Subrogation Recovery
In this case, FTCA rules and procedures were followed. When six months passed with no rejection or response from the government, they filed a subrogation lawsuit in federal court. In this claim, the subrogated property damage was consolidated with the insured’s personal injury claim, further delaying resolution of the matter. Nevertheless, Jason is confident his team will maximize subrogation recovery for the auto insurance carrier and also hopes to resolve the insured’s personal injury claim along with it.
The takeaway? One – if you are dealing with the NPS, you are effectively dealing with the US government. Two – a left-turn signal is a left-turn signal.
Government Subrogation Experience Litigating in Federal Court
Rathbone Group is an award-winning nationwide subrogation law firm advocating insurers’ right of subrogation for clients across insurance sectors, including maritime, homeowners, insured and uninsured automotive, self-driving vehicles, and many more. With a skilled team of subrogation attorneys, consultants, and adjusters, we provide clients the opportunity to maximize recovery and minimize the cost of pursuit in every subrogation recovery claim.
Looking for more information on important topics in subrogation, insurance, and recovery law? Visit our YouTube channel, Subrogation Blog, or On Subrogation podcast for educational discussions by RG attorneys covering everything from case studies to strategy, legal complexities, and more. Suggest new topics and ask questions by messaging blog@rathbonegroup.com. And for more information on Rathbone Group’s subrogation services, reach out at info@rathbonegroup.com.
Our country’s national parks are critical conservation resources and amazing sites to visit. But what happens when a park employee causes an auto accident? They are technically federal employees, so does subrogation against the government apply? In the episode of On Subrogation: Park Ranger Liability below, Rathbone Group attorney Jason Sullivan takes a trip out west to talk about a recent case and explain.
[Embed: https://www.youtube.com/watch?v=kvCOProXu1I]
In Jason’s case, a National Park Service ranger was driving behind his client’s insured on a park road. The insured wanted to turn left into a pull-off where they could observe the wildlife, so they turned on their left turn signal. The park ranger did not think this meant they wanted to turn left but interpreted the signal to mean “go around me”. As you can imagine, this resulted in the ranger hitting the insured as they tried to turn left into the pull-off.
This resulted in a subrogation claim against the NPS and the ranger driving the car. But because the NPS is a federal agency – and so the ranger a federal employee – the Federal Tort Claims Act applies, which means you have to subrogate against the government directly. You cannot sue the ranger or the NPS – the US government is the defendant and the matter has to be litigated in federal court.
A Refresher on the FTCA in Subrogation
The Federal Tort Claims Act is a federal law that allows citizens and insurers to pursue claims against the US when a federal employee causes damage or injury while acting within the scope of their job. Subrogation claims involving the FTCA are more complex than typical negligence and liability placement; the claimant is required to first file an administrative claim with the appropriate federal agency before launching the subrogation lawsuit.
If the claim is denied or the government does not resolve the matter in the applicable time period, the insurance dispute can then proceed to federal court. FTCA claims involve strict procedural requirements and filing deadlines, making prompt investigations and detailed knowledge of the process critical to maximizing subrogation recovery against a government entity.
Find in-depth information on the FTCA and subrogation strategy for government entities with more On Subrogation:
- YouTube Episode: Federal Tort Claims Act
- Podcast Episode: Third Party Liability – Government Entities
- Companion Article: Can I File a Subrogation Claim Against the Federal Government?
A Case With a Complicated Route to Subrogation Recovery
In this case, FTCA rules and procedures were followed. When six months passed with no rejection or response from the government, they filed a subrogation lawsuit in federal court. In this claim, the subrogated property damage was consolidated with the insured’s personal injury claim, further delaying resolution of the matter. Nevertheless, Jason is confident his team will maximize subrogation recovery for the auto insurance carrier and also hopes to resolve the insured’s personal injury claim along with it.
The takeaway? One – if you are dealing with the NPS, you are effectively dealing with the US government. Two – a left-turn signal is a left-turn signal.
Government Subrogation Experience Litigating in Federal Court
Rathbone Group is an award-winning nationwide subrogation law firm advocating insurers’ right of subrogation for clients across insurance sectors, including maritime, homeowners, insured and uninsured automotive, self-driving vehicles, and many more. With a skilled team of subrogation attorneys, consultants, and adjusters, we provide clients the opportunity to maximize recovery and minimize the cost of pursuit in every subrogation recovery claim.
Looking for more information on important topics in subrogation, insurance, and recovery law? Visit our YouTube channel, Subrogation Blog, or On Subrogation podcast for educational discussions by RG attorneys covering everything from case studies to strategy, legal complexities, and more. Suggest new topics and ask questions by messaging blog@rathbonegroup.com. And for more information on Rathbone Group’s subrogation services, reach out at info@rathbonegroup.com.