Declaration page of Auto Ins.

[hotbacon15]

What is the name of your state (only U.S. law)? PA

This post serves as a mini-update to this thread ([url]http://forum.freeadvice.com/auto-accidents-vehicle-claims-1/rear-ended-usps-postal-truck-438287.html[/url]) as well posing some new questions.

First, my case is still pending. My attorney submitted a demand letter and we are waiting to hear back from the ins. adjuster representing the USPS. The letter was submitted Dec 12. Any idea how long it will take for the adjuster to respond?

1.
Next, my case deals with tort. I was told today by my attorney that on my declaration page of my policy, it said I had limited tort. However, on the release / sign off sheet, it said I had full tort.

Which of these is binding and/or what takes precedence over the other? While my attorney has been great so far, he did not know the answer to this question.

2.

Also, if this settles with the insurance agency that represents the USPS, does the Federal Tort Claims Act guidelines come into play or does the FTCA only come into play if I sue the government? I am mainly referring to the 20% (opposed to 40%)fee that my attorney can collect if the FTCA is relevant.

Thanks in advance.What is the name of your state (only U.S. law)?

[ecmst12]

You need to contact your insurance company to find out what tort option you paid for. I would guess that the dec page is correct since that is where the premium cost is listed. If you were only paying for limited tort, then that is all you have. HOWEVER, if they don't have your signed waiver that you approved the limited tort, they might have to change you to full tort. But then you'd owe back the difference in premium between the two.

I suspect the federal tort CLAIMS act applies regardless of whether it settles or goes to court, but I don't know for sure.

Edit: Found this: Attorneys’ fees are limited to no more than twenty percent of any administrative settlement prior to litigation and to no more than twenty-five percent of any judgment or settlement after suit is filed. 28 U.S.C. § 2678.

From [url]http://www.quintonpetix.com/fedtorac.htm[/url]