Minutes before he opened fire on PC Rathband, Moat dialled 999 to say he was hunting police.
PC Rathband's twin brother Darren and sister Debbie Essery say officers failed to pass on the warning to staff on patrol.
Had they done so, they argue, PC Rathband could have avoided being shot as he sat in his patrol car at a junction above the A1 in Newcastle.
Moments after the attack senior officers ordered all unarmed police to return to their stations, the Rathbands will claim at the High Court in Newcastle.
In a statement outside court Ms Essery said: "David felt he was left out in harm's way by the organisation in which he served, the organisation which has continued to state that they did nothing wrong.
"However, (they) have since changed various in-house practices and procedures to ensure it never happens again."
Moat was on the run after shooting his ex-partner Samantha Stobbart and murdering her new lover Chris Brown in Birtley, Gateshead, early on 3 July 2010.
The following night the former door keeper dialled 999 and spoke to a Northumbria Police call handler for almost five minutes.
During the call he said he was not coming in alive and would kill any officer who came near him.
At one point he declared he was actively hunting for police.
When he came across PC Rathband shortly afterwards, he shot him twice.
The father of two was blinded, as well as being left with extensive injuries to his face and shoulder.
He lost his sense of smell and taste, constantly felt sick and lost three stone in weight.
The negligence case was started by PC Rathband himself and originally any damages would have paid for his ongoing care.
His siblings, who are executors of his estate, say if the case is successful the money will now go to his children, Ash and Mia.
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