Considering Anthony Zacharias has the video of a road grader smashing into his car twice, driven by an employee with Clear Creek County Road and Bridge, you might think he is at least entitled to some compensation for his now-totaled vehicle.
Anthony Zacharias
“I think I would need new tires for sure,” mused Zacharias, staring at the crumpled end of his Subaru, broken glass and plastic still scattered around the impact site. “If I could get the value of the car I would be happy.”
But that’s the thing; County Technical Services, Inc., (CTSI) the insurance company that Clear Creek County uses for a provider, said Zacharias deserves nothing. It’s infuriating for Zacharias, with the accident clearly caught on camera during a major snowstorm back in March, as the road grader was plowing their road.
“They were saying that a plow is not a motorized vehicle, or something stupid,” Zacharias explained.
In a letter he and his dad got, Jamie Heyl (who has not returned multiple requests for comment) outlines his family is not entitled to any money even if the county destroyed their car because “Under the Colorado Governmental Immunity Act, Section 24-10-106 immunity is waived by a public entity in an action for injuries resulting from a number of specific areas. One of those specific areas is the operation of a motor vehicle, owned or leased by such a public entity, by a public employee while in the course of employment, except emergency vehicles operating by the provisions of section 42-2-108 (2) and (3).”
CBS
If you have not heard of the Colorado Governmental Immunity Act, prepare for a short explanation. The website for the CGIA explains the rule that protects local governments and their employees from risk (like the consequences for backing into someone’s car twice.) There are exceptions to that immunity, but the goal is to keep local governments out of court for doing their best; “the legislature felt it was necessary to protect citizens from the excessive taxation that would result from unlimited liability.”
While the CGIA does not protect an employee if they have a car crash in a work car, CTSI argued that the road grader that the employee was driving was not a motor vehicle or mobile machinery.
Zacharias estimated he’s out thousands of dollars simply because he parked his car in his own family driveway, and a road grader did not see it. He said at the very least he would like an acknowledgement and apology about what happened from the driver of the road grader.
“That would be a benefit,” Zacharias said, exasperated. “I would like an apology, that would make me happier.”
CBS News Colorado did not get a response from Clear Creek County when asked for that acknowledgment or apology from the Road and Bridge department.
