How to Get a USPS Car Accident Settlement

If you were involved in a minor fender bender with a USPS truck, you can easily handle the property damage claims process to get a USPS car accident settlement yourself by filing the US government Form 95 Claim for Damage, Injury, or Death.

What to do if You’re Injured in an Accident with a United States Postal Service (USPS) Mail Truck

If you’ve been seriously injured after getting hit by a USPS vehicle, it’s crucial to get legal assistance from a car accident lawyer. Personal injury claims involving the USPS and the Federal Tort Claims Act can be very complex.

Our law firm is experienced at handling these unique personal injury cases, providing skillful representation for federal court procedures, and securing the compensation you deserve for your injuries.

What Happens If You Are Hit By a USPS Truck?

In Illinois, state laws govern what happens after an ordinary vehicle accident. However, if a vehicle accident involves a USPS employee—a federal employee—federal law applies.

The Federal Tort Claims Act (FTCA) guides the procedures in this case. Filing a claim or lawsuit in federal court against the federal government under this Act has different requirements from cases involving state law.

USPS Vehicle Insurance

USPS vehicles are insured by the federal government, and the United States Postal Service is self-insured. They are exempt from state vehicle insurance laws. This means if you’re in an accident with a USPS driver in a mail truck, you’ll be dealing directly with a federal agency, not a traditional insurance company. If you’re making a personal injury claim for your car accident involving them, you’ll pursuing compensation from the government and possibly the federal courts.

What Happens if a Letter Carrier Using their Personal Vehicle Is Involved in an Accident?

The U.S. Postal Service has almost 80,000 rural delivery routes serviced by some 133,000 rural letter carriers. For some of those routes, USPS provides the vehicle, but for others, the carrier uses a private vehicle.

If a letter carrier using their personal vehicle is involved in an accident while performing USPS duties, the legal process can be particularly complex. The USPS may still bear some liability, depending on the specific circumstances of the accident victim. Determining fault and the applicable auto insurance policy may require extensive investigation.

How to File a Claim with USPS for an Auto Accident

There is a strict two year deadline to file your claim against a federal government employee or the USPS. It is important to note that the deadline is determined by when the form is received, not when it is mailed, so be sure to act quickly to gather the police report, witness statements, medical bills, and other accident information to avoid waiving your rights.

To file your claim against the USPS, you must complete a Government Form 95 Claim for Damage, Injury, or Death. You will need the following information to complete this form:

Basis of Claim

Summarize the facts of your accident claim here, detailing the accident and the USPS driver’s negligence. Be cautious with any admissions, as they could be used against you. Consult an experienced personal injury attorney before filing an injury claim.

Property Damage Details

Provide detailed information on the property damage from the collision, including damage to your vehicle and any other affected properties.

Injury Details

Summarize the physical injuries sustained from the wreck, detailing medical expenses, financial losses such as time off work, and anticipated and future medical costs and rehabilitation costs.

Witness Contact Information

Request contact details for witnesses who observed events before, during, and after the accident.

Insurance Information

You need to provide details about your auto insurance policy coverage and any recent claims.

Demand for Damages

When submitting Form 95 to the appropriate federal government agency, include a settlement demand for damages with your claim. If you’ve sustained severe injuries, consult an experienced attorney to ensure your demand adequately covers your losses.

Where to Submit Your Claim

Once Form 95 has been completed, according to USPS regulations, your accident claim can be filed and must be accepted at any local post office or postal facility.

USPS Processing Time

After you submit an injury claim to the USPS, they have six months to respond. If accepted, you’ll receive the full amount requested; if rejected, you have another six months to take legal action.

How to Report an Unsafe USPS Driver

If you witness unsafe driving by a USPS driver, you can submit a report to the USPS’s toll free hotline at 1-800-ASK-USPS (1-800-275-8777) Monday through Friday 7:00am–7:30pm CT or Saturday 7:00am–5:00pm CT. Alternatively, you can also file a report at the USPS website.

Try to obtain the vehicle’s identification number and be sure to mention the date, time, and location of the incident to improve the chances of corrective action being taken.

Do USPS Trucks Have Cameras?

Yes. According to National Association of Letter Carriers (NALC), USPS trucks, known as Next Generation Delivery Vehicles (NGDVs), are equipped with 360-degree cameras that record the letter carrier’s activities. The cameras activate when the vehicle starts and continue recording for two hours after it is turned off, capturing actions such as loading, unloading, and parcel mail delivery truck itself.

Misconceptions About United States Postal Service Vehicles

There are many misconceptions about USPS mail trucks.

Is It a Felony to Hit a Mail Truck?

A common urban legend claims that hitting a USPS mail truck is a felony. This is not true. It is not a felony to hit a post office vehicle, and the USPS can be held liable for injuries or property damage caused by its negligence in accidents, similar to both private citizens and commercial shipping companies.

Are Postal Vehicles Exempt from Traffic Laws?

No, postal vehicles are not exempt from traffic laws. The USPS driver handbook states that “drivers must obey all federal, state, and local traffic laws and Postal Service policies, drive defensively and professionally, and extend courtesy in all situations.”

Do Mail Trucks Always Have the Right of Way?

Another common urban legend suggests that when a police car with its sirens on, an ambulance with its sirens on, and a USPS mail truck all reach an intersection at the same time, the post office vehicle has the right of way. But this is incorrect, postal vehicles must yield the right of way to emergency vehicles the same as other types of vehicles on the road. The Illinois Vehicle Code right-of-way rules do not have any exceptions for mail delivery drivers or trucks.