What is sovereign immunity?
Sovereign immunity is the old rule that a government cannot be sued unless it agrees to be. Today states allow some injury claims against cities, counties and agencies, but with special limits: short notice deadlines, caps on damages and categories of harm that stay off-limits. It matters whenever a government vehicle, building or employee hurts you.
Last checked November 9, 2026 · Official sources (5)
Sovereign immunity example: a city garbage truck in Texas
Example: a Houston city garbage truck backs out of an alley without looking and crushes the side of your car. You need spine surgery. Medical bills, lost income and future care come to $400,000.
Against a private trucking company, the whole $400,000 would be on the table. Against a Texas city, two things change. Your claim must fit a waiver, and this one likely does, because Texas allows claims for injuries caused by an employee's negligent use of a motor vehicle within the scope of employment. And the city's liability is capped at $250,000 per person for bodily injury. That leaves $150,000 the city cannot be made to pay, which is why people in this spot look hard at their own underinsured coverage and at any private parties who shared fault.
How does sovereign immunity work in Arizona and Texas?
| Limit | Arizona | Texas |
|---|---|---|
| Claim deadline | 180 days to file a claim, or it is barred | Short notice deadline; see notice of claim |
| Vehicle crashes | Claims allowed, subject to the claim rules | Waived for an employee's negligent use of a motor vehicle in the scope of employment |
| Damage caps | We did not find a general cap | City: $250,000 per person, $500,000 per occurrence for bodily injury or death |
| Punitive damages | Not available against public entities or employees acting in scope | Not covered on this page |
Why does sovereign immunity matter if a government caused your injury?
The usual deadline to file a lawsuit is not the one that matters most. Government claims start with a written notice that can be due in months, and missing it can end the claim. Figure out early whether a city, county, school district, transit agency or state department is involved. A bus with a private company's logo may still be run by a public agency.
Sovereign immunity vs. governmental immunity vs. official immunity
Sovereign immunity usually refers to the state itself. Governmental immunity is the same idea applied to cities, counties and districts. Official immunity protects individual government workers in some situations. People use the terms loosely.
Questions
Can I sue a city for a pothole crash?
Sometimes, but property-defect claims against governments have special rules and a lower duty in Texas. Notice deadlines apply too.
Can I get punitive damages from an Arizona city?
No. Public entities and employees acting within their employment are not liable for punitive damages.
What if the government vehicle was a school bus?
School districts are government entities, so the same immunity, notice and cap questions apply.
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See if I’m owed moneySources (5)
- Utah State Courts, Glossary of Legal Terms, checked 2026-11-09. “The doctrine that a government or governmental agency cannot be sued without consent.”
- Tex. Civ. Prac. & Rem. Code § 101.023(c), checked 2026-11-09. “Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death”
- A.R.S. § 12-821.01(A), checked 2026-11-09. “Any claim that is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.”
- Tex. Civ. Prac. & Rem. Code § 101.021, checked 2026-11-09. “property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if”
- A.R.S. § 12-820.04, checked 2026-11-09. “Neither a public entity nor a public employee acting within the scope of his employment is liable for punitive or exemplary damages.”