What happens when a United States Postal Service (USPS) truck hits your car is that you end up seeking compensation from the federal government by presenting an administrative claim to the USPS. This occurs after you get to safety, report the accident, exchange information, document the scene, seek medical care and notify your insurance company.
USPS mail truck accidents are treated as federal claims, not normal car accidents.
Liability rules and traffic laws still apply to USPS drivers even though their vehicles are federally owned.
Claims against the USPS follow the Federal Tort Claims Act (FTCA) rather than standard California insurance procedures.
The USPS operates over 260,000 vehicles nationwide and processes over 15 million pieces of mail per hour. Accidents are unfortunately unavoidable because of this.
This content is written for those who have been struck by a USPS truck. It explains everything you can expect if you’ve been hit by a mail truck.
Call an experienced car accident lawyer at our firm today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was injured or killed in an accident with a USPS truck. We can help you seek fair compensation for medical expenses, lost wages, pain, suffering, wrongful death and more, and we will charge you no legal fee until we win your case.
What to Expect After a USPS Mail Truck Hits Your Car: Key Takeaways
- Get to safety, report the accident, exchange information, obtain witness statements and document the scene after a USPS truck hits your car, as you would after any other traffic accident.
- You should notify your own auto insurance company, even though the liability claim against the government will follow a separate federal process.
- You must present an administrative claim to USPS before filing a lawsuit. Claimants commonly use Standard Form 95.
- The administrative claim must generally be presented within two years of the accident.
- You may file a lawsuit in federal court after USPS denies the claim or fails to decide on it within six months.
Table of Contents
- Why a USPS Accident Follows Different Rules Than a Normal California Car Accident
- What Should You Do Right After a USPS Truck Accident?
- Who Is Liable When a USPS Mail Truck Causes a Crash?
- How to File an Auto Accident Claim With USPS
- What Is the Deadline for Filing a USPS Accident Claim?
- What Compensation Can You Recover in a USPS Car Accident Settlement?
- What Happens if the USPS Denies Your Auto Accident Claim?
- When to Contact a California USPS Accident Lawyer
Why a USPS Accident Follows Different Rules Than a Normal California Car Accident
The USPS is a federal agency, and USPS drivers are federal government employees. Crashes involving mail trucks fall under the FTCA rather than ordinary state tort procedure.
The USPS is self-insured. Claims are paid by the federal government instead of a private auto insurance policy. The USPS does not carry standard commercial auto insurance policies. USPS vehicles are self-insured and they are exempt from state insurance laws. This removes the option to file directly with a private insurance adjuster.
A USPS accident case, under federal law, must proceed as an administrative claim against USPS before it is possible to file a lawsuit.
What Should You Do Right After a USPS Truck Accident?
Document the accident scene, seek medical care and avoid giving a recorded statement to the USPS before you speak with an attorney.
Steps to take:
- Call 911 and get a police report if a USPS truck hits your car.
- Take pictures of vehicle damage, road conditions and visible injuries.
- Get the driver’s name, license plate, truck identification details and route number if possible after your accident.
- Don’t admit fault at the scene of the accident.
- Seek medical attention as quickly as possible even if your injuries seem minor. Serious injuries sometimes don’t show symptoms for a long time after an accident. The failure to have all of your injuries documented by a medical professional as soon as possible can jeopardize your claim.
- Avoid signing any USPS documents without having a lawyer review them first.
Who Is Liable When a USPS Mail Truck Causes a Crash?
Potential liable parties when a USPS mail truck causes a crash include:
- The United States, when a USPS driver’s negligence caused the accident within their scope of employment
- A postal contractor or contract delivery driver when the driver isn’t a USPS employee
- A vehicle or parts manufacturer when a defect contributes to an accident
- Another driver or third party whose negligence caused the accident
Mail trucks do not receive special right of way privileges. USPS drivers must obey the same rules as private citizens.
Comparative fault rules apply when a USPS driver shares responsibility for the crash with another driver.
How to File an Auto Accident Claim With USPS
You must present an administrative claim to the USPS before you file a lawsuit. This claim must be filed directly with the USPS rather than through insurance.
Standard Form 95 is used in order to present claims against federal employees for negligence under the Federal Tort Claims Act, which was implemented in 1946.
Information required for the form includes:
- A specific dollar amount regarding what damages you are claiming
- A description of the accident and location
- The names and contact information of any witnesses
The claim can be filed at any post office. It can also be sent to the USPS Tort Claims Coordinator for the district where the accident occurred.
Claims without specific dollar amounts are not considered to be valid.
What Is the Deadline for Filing a USPS Accident Claim?
You have two years to file a claim against the USPS.
FTCA claims must be filed within two years of the accident under 39 CFR Part 912.
Missing this deadline generally bars you from recovering compensation for your injuries, even if the mail carrier was obviously at fault.
USPS may investigate, settle or deny the claim. If USPS has not issued a final decision within six months after the claim is properly presented, the claimant may generally treat the inaction as a denial and file a lawsuit in federal court.
What Compensation Can You Recover in a USPS Car Accident Settlement?
Accident victims can recover medical bills, lost wages, pain, suffering and wrongful death damages via a USPS car accident settlement.
The dollar amount listed on Standard Form 95 generally caps what can later be recovered in court. For this reason, it is advisable to consult with a law firm before you file Standard Form 95 with the USPS, as a knowledgeable attorney can help you identify all forms of compensation you’re eligible to recover, including some forms of compensation you may not realize you qualify for.
The value of your case will depend on injury severity, documentation and the strength of the evidence linking the accident with negligence by the USPS.
If you or a loved one were involved in an accident with a USPS vehicle and suffered physical injuries, our law firm can handle the claims process for you and take legal action on your behalf, seeking financial compensation for:
Medical Bills
We can help you recover compensation for the costs of things like surgeries, ER visits, hospital stays, doctor visits, medical treatments, medications, medical testing, rehabilitation, physical therapy and more.
We can help you recover compensation for all past and future medical expenses related to your accident with a USPS government vehicle.
Lost Wages
Our firm can help you recover compensation through the legal process for any wages you’re not able to earn due to being injured too badly to work or having to miss time from work to attend medical appointments.
Loss of Earning Capacity
We can help you recover financial compensation for any loss or reduction of earning capacity caused by a disability resulting from a USPS accident.
Pain and Suffering
Our firm can help you recover compensation for any physical pain, mental suffering, emotional distress or lost quality of life resulting from your mail truck accident.
Wrongful Death
If you have lost a loved one to a USPS accident, we can help you recover compensation for:
- Funeral and burial costs
- Medical bills incurred by your loved one before they passed
- Pain and suffering endured by your loved one prior to their passing
- The loss of your loved one’s income, love, companionship, household services and spousal benefits
What Happens if the USPS Denies Your Auto Accident Claim?
You may generally file an FTCA lawsuit against the United States in federal district court after USPS formally denies the administrative claim or six months pass without a final decision.
A lawsuit must generally be filed within six months of the notice of denial.
When to Contact a California USPS Accident Lawyer
Call an experienced personal injury attorney at our firm today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one has been injured or killed in an accident involving a postal vehicle.
We have been filing personal injury claims against federal government agencies for over 35 years, can help you seek compensation for your injuries by filing a personal injury lawsuit on your behalf, and will charge you no legal fee until we win your case.
Call us today.
