If you’ve been in a car accident with a USPS vehicle, you may be unsure what to do next. Here’s what you should know:
Report the Accident with the USPS Vehicle:
If you are involved in a car accident with a USPS vehicle, you must immediately notify the local police department. The police will write up an accident report that you can use as evidence in your insurance claim. Reporting the claim is an important step when in a car accident.
Observe the Situation:
It’s a good idea to photograph the accident scene if you’re physically capable. You can photograph the damage to both vehicles, as well as any skid marks or other physical evidence that may be relevant to your insurance claim.
Obtain Information:
You should also collect information from any witnesses who saw the accident. Get their names, addresses, and phone numbers so you can contact them later if necessary.
Let An Attorney Notify Your Insurance Provider:
Through a car accident attorney, you should also notify your insurance company as soon as possible after the accident. Your insurance company may be required to take action to protect your rights and ensure that you receive any compensation to which you are entitled.
Think About Hiring an Attorney:
If you are involved in a car accident with a USPS vehicle, it is critical that you understand your rights and responsibilities. Tucker Law’s expert attorneys have years of experience handling car accident cases and can guide you through the insurance claim process.
The Tort Claims Process in the United States:
When a USPS vehicle is involved in a car accident, the federal tort claims process is usually the best option. Individuals may file a claim against the United States government under the Federal Tort Claims Act (FTCA) for personal injury or property damage caused by a federal employee acting within the scope of their employment. The good news is that the USPS will never be an uninsured driver.
Claim Submission:
To file a claim under the FTCA, fill out a Standard Form 95 and mail it to the USPS. The form must be filed within two years of the accident date. It is critical to provide as much information about the accident as possible, including the date, time, and location of the accident, a description of the damages you sustained, and the names and addresses of any witnesses.
Investigation:
Once your claim is received, the USPS will investigate the situation and determine whether it is responsible for the damages you have suffered. If the USPS determines that it is not liable, your claim will be denied, and you may need to seek legal counsel to appeal the denial.
Litigation vs. Settlement:
If the USPS determines that it is responsible for your losses, it may offer you a settlement to settle the matter. If you accept the settlement, you must sign a release waiving your right to further legal action. If you reject the settlement, you may have to file a lawsuit in federal court to recover your damages.
Absence of a Jury Trial:
It is important to note that a jury trial is not permitted when filing a claim against the USPS under the FTCA. Instead, a judge will hear the case and make the final decision on liability and damages. For some claimants, the lack of a jury trial can be a disadvantage because a jury may be more sympathetic to their cause and award higher damages.
The burden of proof is on the plaintiff.
In a case against the USPS, the claimant bears the burden of proving that the USPS is liable for the damages suffered. This can be difficult because the USPS is a large and well-funded organization capable of mounting a strong defense against claims. It is critical to have a skilled attorney on your side who can guide you through the complex legal and factual issues in your case.
Consultation:
A case against the USPS can involve complex and difficult legal and factual issues. Many lawyers will not take them. To increase your chances of success, you should seek the advice of an experienced attorney who handles cases against the USPS who can guide you through the FTCA and the unique aspects of a case against the USPS. Tucker Law’s experience attorney, Matthew Sean Tucker, has experience litigating against the USPS.
Finally, if you are in a car accident with a USPS vehicle, you must report the accident, document the scene, gather information, notify your insurance company, and consider hiring an attorney. Tucker Law has an experienced attorney on staff who can assist you. Call 1-800-TUCKERWINS right away!
