13 Investigates: Houston pays 23% of claims related to police accidents, damage
HOUSTON, Texas (KTRK) -- Padison Johnson purchased her first car a few years ago.
"I was so excited because I did everything by myself. It was my first big girl purchase," she said.
But her excitement faded last December when she said she was driving on South Main Street and a police vehicle came out of nowhere.
Johnson said she was driving next to a box truck and as they were approaching a green light, she saw a car drive through the intersection so she started slowing down.
"As I'm slowing down, I see the lights, but I don't hear any noise, so I'm pressing my brake," Johnson said. "As I'm pressing my brake, they're going straight across and they swiped my whole front off me. Once that happened, I was shocked."
Johnson said that was the first car accident she's been in, and it was with a Houston Police Department officer.
She said the officer stopped, and when HPD's investigation team came out, they gave her a paper with instructions on how to file a claim with the City of Houston.
Johnson is among more than 300 people who filed HPD-related claims with the city since 2024. A 13 Investigates analysis of those claims shows just 23% end up getting paid out.
Joseph Malouf, of Malouf Law Firm, said it is difficult to win a claim against government agencies because, in order to do so, you have to get them to waive their immunity.
"You have a lot of different scenarios. Was the siren on, or were the lights on? Did they go through school zones going over the speed limit? What kind of reckless behavior did that police officer engage in while chasing the suspect or whomever they're chasing," Malouf said. "For example, if a police officer slows down in the intersection and then speeds back up, then that shows that they're being conscious about their driving and their abilities."
He said it's also difficult for residents to have their claim approved by government agencies because they often won't pay out a claim unless a lawsuit has been filed in court.
He said during his 34 years of practicing law, he thinks he's only settled one case with the City of Houston prior to having to file a lawsuit.
"They're either offering you no money or very little money, and you really go, 'Well, I'm sorry, I'm going to have to sue you now. You're going to have to expend your dollars, tax dollars, to defend this case that I know you're going to end up paying,'" Malouf said.
The City of Houston told ABC13 that a government entity's liability for property damage or personal injury falls under the Tort Claims Act.
"When we receive a claim that shows a police officer was responding to an emergency and was using either a siren or flashing lights (generally required by HPD policy with some exceptions), we deny the claim. If the plaintiff's attorney believes they can prove the officer's actions were reckless or disregarded an applicable law or ordinance, they will file a lawsuit," the City of Houston said in a statement to 13 Investigates.
Johnson said when filing her claim, the city asked for three different estimates for the damage.
She said the estimates she received were between $13,000 and $16,000, which was more than the value of her car.
In January, Johnson received a letter from the city telling her they had governmental immunity from lawsuits and liability, meaning she would get nothing from the agency she said wrecked her car.
"I did this all by myself. This was my first car. I paid for it. Everything was in my name," she said. "It hurt for a second, but I had just gave it to God and was like, 'If you got better for me, then I'll figure it out.'"
After months of saving, Johnson said she was finally able to purchase another vehicle.
But, because she didn't get anything for the car she said was hit by HPD, she said she was left with two car loans.
She said she wishes the city would take more accountability in situations like hers.
"That's heartbreaking and sad because just like me, I worked hard to get my first car. I'm pretty sure whoever worked hard to get their first car, first house, whatever the case may be, I'm pretty sure they worked hard to get whatever they had and just for somebody to - the City of Houston to come in and destroy it and not even want to compensate the people, that's heartbreaking."
Malouf recommends that residents invest in a dashcam.
"If that is the one piece of advice I think that I could give to anybody to protect themselves is the evidence itself. The picture speaks louder than words. The video is king," he said. "Investing in that is wonderful for everybody because the truth is the truth. We don't make up the facts. They are what they are. If the facts are in your favor, then you deserve to be compensated."
But people file claims against not just HPD. According to records obtained by ABC13, from 2022 to May 2024, 886 claims were filed against City of Houston agencies for damage to vehicles.
Danetta McGlothen said on March 17, a city vehicle was caught on camera crashing into her parked car as it sat outside her house. She was also instructed to file a claim, but because she had no other form of transportation for herself or her child, she skipped getting the three claims, and the lien holder paid nearly $3,000 for the fix, and she paid a $500 deductible.
"I'm like, 'You want me to drive this car to two or three different places to get an estimate? How is that possible?' I couldn't even open the door," McGlothen said.
ABC13 was the one to learn from the city that because she didn't follow the claim process to the T, her claim would not be moving forward.
Between 2022 and May 2024, only 17% of claims were paid out.
McGlothen said she feels the process is complex and drawn out to deter people from following through on the claim process.
"In that time frame, taxpayers funded $5.2 million in city motor vehicle claims. Take out a few of the big six-figure payouts, and the average claim comes out to nearly $27,000," McGlothen said.
Because she couldn't afford a rental car, she also had to pay hundreds of dollars in Uber rides to get her son to school and her older parents to doctor's appointments. It's unclear if the city will reimburse that cost.
With McGlothen's claim no longer moving forward, the city said her lien holder will have to file the claim, and the lien holder will then have to reimburse McGlothen.
"I'm like, 'Are you serious? Is this how the City of Houston do you?'" McGlothen said.
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