# Sovereign immunity

> Sovereign immunity means a government cannot be sued unless a law allows it. How tort claims acts open the door after a crash with a government vehicle.

Canonical page: https://accidentclaimfacts.com/glossary/sovereign-immunity/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

Sovereign immunity is the rule that a government cannot be sued without its consent. Federal and state governments have given that consent in part, through laws usually called tort claims acts. Those laws allow some injury claims, but with special notice rules, shorter deadlines and caps on damages.

## In a car accident claim

Sovereign immunity matters when the at-fault vehicle belongs to a government: a city bus, a police car, a state highway truck or a mail truck. The claim is not handled like an ordinary insurance claim.

For federal vehicles, the Federal Tort Claims Act applies. The claim must first be presented in writing to the federal agency within 2 years, and the United States does not pay punitive damages or interest before judgment. States have their own acts. The Texas Tort Claims Act is one example. In summary: A governmental unit is liable for property damage, personal injury and death caused by an on-duty employee's wrongful act or negligence if it arises from operating or using a motor-driven vehicle or equipment and the employee would be personally liable under Texas law. The government must usually get written notice within 6 months, and a city's liability is capped at $250,000 per person for injury or death.

Because notice periods can be much shorter than the usual statute of limitations, timing matters. The guides to [company vehicle accidents](https://accidentclaimfacts.com/accidents/company-vehicle-accidents/) and [Texas](https://accidentclaimfacts.com/location/texas/) cover government claims in more detail, and [when to hire a lawyer](https://accidentclaimfacts.com/choosing-a-lawyer/when-to-hire-a-lawyer/) explains why many people get help with them.

## Example

> **Example:** A city garbage truck backs into a parked car while the owner is loading groceries, injuring them. Instead of a normal claim with an insurer, the injured person must send the city a written notice of claim within the local deadline. The city's liability is limited by the state's tort claims act.

## Related terms

- [Notice of claim](https://accidentclaimfacts.com/glossary/notice-of-claim/)
- [Statute of limitations](https://accidentclaimfacts.com/glossary/statute-of-limitations/)
- [Liability](https://accidentclaimfacts.com/glossary/liability/)

## FAQ

### Can you sue the government for a car accident?

Often, yes, if a tort claims act waives immunity for that kind of crash and you follow its notice rules and deadlines. Federal claims go through the Federal Tort Claims Act; state and local claims follow state law.

### Is the deadline the same as for a normal crash claim?

Often not. Government claims commonly require a written notice within months of the crash, well before the regular deadline to sue.

## Sources

- [Cornell Law School, Legal Information Institute, Sovereign immunity](https://www.law.cornell.edu/wex/sovereign_immunity) — meaning, the Federal Tort Claims Act and state waivers
- [U.S. Code (GPO), 28 U.S.C. § 2401(b)](https://www.govinfo.gov/content/pkg/USCODE-2023-title28/html/USCODE-2023-title28-partVI-chap161-sec2401.htm), checked October 29, 2026
- [Cornell LII, 28 U.S.C. § 2674](https://www.law.cornell.edu/uscode/text/28/2674), checked October 29, 2026
- [Texas Legislature, Civil Practice and Remedies Code § 101.021(1)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm), checked October 29, 2026