Governmental immunity a sometimes unfair loophole in allowing cities, counties to dodge their mistakes

Our actions create consequences.

You cause an accident, at the very least you can expect a ticket. You make a mistake at work and you’ll likely get reprimanded.

But a 5 On Your Side investigation found a major loophole in that logic in governmental immunity. Some cities and counties right here in North Carolina are using it to avoid responsibility.

Governmental immunity comes from sovereign immunity during the time of kings and queens. It basically means you can’t sue the king because the king is the law. That medieval way of thinking has carried over to present day North Carolina.

The crash at Herring Ave. and Ward Blvd. in Wilson is seared into Dwayne Williford’s mind.

"He knows his story perfectly. He was parked at a stop light when a city truck pulled out behind him and caught the tail of his car.

"He was sorry he hit me," Williford said.

Williford wants to tell his story to everyone, no one more than a judge. But he can’t, because of governmental immunity. In a letter to Williford the city cited it, and told Williford because of immunity they could not be held liable for the accident, won’t pay for the damage to his truck, despite an admission of fault by the city employee.

"He told the officer it was his fault, the witness knew it was his fault, and I know it was his fault," Williford said.

If Williford is mad, he can take comfort in the fact that he’s not alone.

Through a records request, 5 On Your Side obtained dozens of documents. We counted 37 accidents involving city employees. Each time the city cited immunity as the reason to not settle a claim.

"It’s used whenever they can," attorney Daniel Meier said.

Meier explained that it’s perfectly legal.

"It’s a lot cheaper to say sorry and send a letter than it is to pay out the claim," Meier said.

I don’t think that’s fair," said Wilson resident Flor Herrera-Picasso.

The revelation had Herrera-Picasso wondering what else she didn’t know.

"Information like this should be more accessible, and the city and county government should be more transparent with the policies that affect everyone," Herrera-Picasso said.

Governmental immunity is not exclusive to Wilson. Cary’s risk management coordinator told us it has governmental immunity. Raleigh on the other hand waived its immunity in 1999 in the case of liability claims. This year, Chatham County used its immunity to avoid legal responsibility after its own building inspector missed 30 code violations and passed a home that engineers have said would be cheaper to rebuild than repair.

"I don’t know, I don’t understand," Williford said.

If you’re as put off by this as Williford, know this municipalities can and have changed their immunity policies. Why? Because their residents spoke up.

"All it takes is a handful of people to start writing their city council and saying where are we on this? And do something," Meier said.

• The City of Durham's policy is detailed here.
• In Knightdale, the town purchases liability insurance through the North Carolina League of Municipalities, allowing it to essentially waive governmental immunity up to their coverage limits.
• Chapel Hill has insurance policies and coverages that pay claims for damages that the town and town vehicles are responsible for.
• In Fuquay-Varina, the town is insured through a self-insured pool and each incident is reported with the filling of a claim.
• In Morrisville, the town is fully insured and it files auto claims through the insurance.
• Wayne County responded that it has always purchased liability insurance to cover property damage and actions of all its employees, including law enforcement.
• Johnston County purchases liability insurance for auto, healthcare entity/medical professional liability and general liability.
• In Franklin County, the county participates in the NC Association of County Commissioners Risk Management Pool where issues and questions involving liability are addressed on a case-by-case basis.
• Rolesville participates in the self-insured pool through the North Carolina League of Municipalities and does not get involved in claims beyond initial submittal to the pool.
• Rocky Mount's insurance coverage that provides immunity to claims involving core government functions such as police and fire departments.