Hit by a US Mail Truck

[SCREWCREDIT]

Florida

I was involved in a minor accident with a US Post Office LCV (local carrier vehicle). The operator of the mail truck was making a U TURN just shy of a small residential intersection. Upon turning her truck around, she failed to stop at the stop sign. She must have assumed because she was performing the UTURN right next to the stop sign, she didn't need to. I had the right of way, and I was traveling towards her. Since she failed to stop at the stop sign, I almost hit her as she came back through the intersection in the opposite direction she was originally traveling. I swerved and avoided the mail truck, but the mirror clipped my vehicle leaving a nasty scratch right through the paint and a small dent.

We contacted the Florida Highway Patrol. When the officer arrived, it was determined the accident was "no fault". I do have full coverage on the vehicle and have contacted my insurance company. It's my understanding even in a no fault state, someone is always at fault. Is this true? If so, who makes that determination, and is it as legally binding as a police report? I mean she claims it was my fault, as I claim it was hers, but that doesn't make it binding. Plus, we're dealing with a government vehicle.

Any advice would be appreciated.

 

[ecmst12]

Mail truck drivers are crazy, I almost got killed by one once too. Must be from having to drive from the wrong side of the car.

Anyway, when you report it to your insurance company, they will contact the postal service or their insurance company (not sure how it works for govt vehicles) and negotiate a determination of fault. The police report will be reviewed but they are not bound to follow it at all. It has no legal standing as evidence and is mostly useful as a documentation of witness statements and contact information.

 

[judge425]

Federal Tort Claims Act

FYI.. the no-fault that the officer was referring to was No-Fault insurance.. Since Florida is a no-fault state, your medical bills will be paid through your own auto insurance carrier. As to the police report, it is not binding nor in most cases even admissible if the officer did not actualy witness the incident, but is usually relied upon by insurance companies when looking to settle claims. Since you were involved in an accident with a US Government vehicle, you will need to file a claim under the Federal Tort Claims Act.. You can get the document online. this must be filed within 6 months of an accident. You will also have 2 years from the dAte of loss to file a lawsuit if such should be necessary. Good luck

 

[You Are Guilty]

It's been a while but I thought FTCA SoL was 2 years, and then you had to give the Gov't. 6 months to investigate/respond before filing suit?

 

[judge425]

you are correct.. claim is to be filed within 2 years... commencement within 6 months ... thats what i meant...i should probably read before publishing... you can hammer me on this one..go ahead..

 

[You Are Guilty]

you are correct.. claim is to be filed within 2 years... commencement within 6 months ... thats what i meant...i should probably read before publishing... you can hammer me on this one..go ahead..

Given that there are probably only about half a dozen people here who even know about the FTCA, you get one free pass for switching the numbers.

 

[jon6206]

i wish

i could only dream of being stuck by a gov't civil service vehicle it would be like farting in silk so good

 

[judge425]

not eactly my friend... to the contrary... the government does not pay out very easily.. and if you can actually get them to do so, a discount is what you should expect..aint no treasure trove awaiting you there son...at least from my experience