NYS "Municipal Immunity" and the story of how I lost my E30

Discussion in 'Off Topic' started by lorge1989, Feb 15, 2018.

  1. lorge1989

    lorge1989 Posting- God

    Moral of the story, be careful around state/county/town plows because apparently they are nearly immune of any prosecution even if something was there fault.

    Update on this is that his claim was denied and he is now proceeding with a lawsuit, only asking for his car value in return, $5000.

    Found this here:



    So I go snowboarding most weeknights after work.

    I am making the trip into town (roughly 20 minute drive) at around 7pm on Thursday evening.

    I am traveling up a hill, with a blind crest, and I meet a snowplow at the top of said hill traveling in the opposite direction. The snowplow has its wing fully deployed in the oncoming (my) traffic lane. I literally don't even see the wing, or the plow, until I reached the top of the hill. There was no reflector on the wing, and the wing is painted black, at night. The wing operator failed to raise the wing high enough in time, and took the car out at the A pillar. No doubt the car is totaled.

    I did not even see the wing was deployed until I saw a glare from my headlights on it as it began to rise. Once I saw the wing was out, I threw my upper body into the passenger seat, covered my face, and braced for impact.

    My driver's mirror and inspection sticker ended up in the passenger's back seat. So had I not taken cover, the shards of glass from the windshield and window, the wing of the plow, and the driver's door mirror would have traveled THROUGH my face.

    The fact I am typing this now is near miraculous. Headaches and soreness aside, I should be REALLY messed up. The wing of the plow literally entered my vehicle via the driver's window.

    So this brings me to the topic of discussion - Municipal Immunity. New York is particularly strict in these situations. It essentially states that plow drivers, police officers, and other municipal vehicles are, in most cases, free from culpability from damages caused by said vehicles.

    My situation is very ****ty, as I carry liability only insurance on the e30, because...well...it's a 30 year old BMW. So despite this not being any fault of my own, the plow is almost certainly going to be protected under municipal immunity....unless I can prove that they acted in a way that went outside of safe normal operational guidelines.... and did so with negligence.....Which is going to be very difficult. But I have no other choice. To make matters worse, I literally have yet to find a case like this where the prosecution has won, and there are examples where people were straight killed by plows....with no culpability.

    I find this absolutely INSANE.

    I did not know of this law until now, and assume lot of others don't either. I am hoping others can learn from my situation, so they don't end up in a similar predicament.

    Right now I am awaiting a call from the City, essentially denying my claim to any sort of restitution. Once this happens I will most likely be following up with a lawsuit. My family is full of lawyers, so it costs us nothing but time. The hope is the small amount I am asking for (5,000) will just be paid, as going to court will be exponentially more expensive for the city....but I also know how "efficient" government can be....so I also would not be surprised if they spent 30 grand to not have to pay 5.....

    I want there to be a rule that wings must be painted Safety Yellow......Black?! really?! are you ****ing kidding me? That wing was literally invisible to me.

    Either way.....I basically lost $5000, my investment, my daily, and almost got seriously injured - for doing NOTHING wrong. That is a hard pill to swallow.

    So for my fellow New York drivers who know nothing about this law - look out - plows basically have a license to kill.





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