Rear Ended by USPS (Postal) Truck

[hotbacon15]

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

I was rear-ended by a postal truck in July. I sustained two herniated discs that did not require surgery. I had an MRI, ER visit, X-Ray, pain medication, ~2 months of Physical Therapy, and regular doctor's visits. My medical bills are around 7500$. My car was totaled and I received 1900$ for it from my insurance company.

I have limited tort insurance and I retained a PI lawyer. I was cleared by my physician just over a month ago and as of yesterday, my lawyer's paralegal is still waiting for medical bills to trickle in. She then says they will get an offer from the insurance company of the USPS and we'll go from there.

1. Does this usually take this long to get all bills squared away?
2. How does the Federal Tort Claims act factor in my settlement? Is it involved at all during the settlement process or only involved if we go to trial?
3. What kind of time-frame am I looking at to get a settlement offer? How can I find the policy limits of a federally insured vehicle?
4. I'm assuming I will have to pay my medical bills back after settlement, but can my lawyer get the bills reduced? Is this called subrogation?
5. I believe I am f'ed for pain and suffering due to the limited tort, but how does limited tort factor in with an accident by a federal vehicle?
6. How much is this case worth?

If I forgot any relevant details, please ask. I know I should be discussing these matters with my attorney, but the only thing I've gotten from them is to first wait until I was cleared medically; then to wait for all the bills to come in. I think this is good advice, but I want to know the answer to my aforementioned questions.What is the name of your state (only U.S. law)?

[ReformedMan]

While I can't answer your questions on tort, it is common for these processes to take quite a while. I was in an accident with another party july of one year, and it was september of the next year before they settled... and she had $3,000 of medical bills. You're going to have to give this time. The attorney's office told you the correct information, the insurance companies want ALL medical bills before they start working on a settlement. You can't charge them for FUTURE medical bills.

No, that's not subrogation. Whether or not they can get the bills reduced is another matter completely.... and good luck with that!

Your attorney is the one that you should be asking how much the case is worth. Nobody here can throw out a legitimate number.

Take care and feel better!


EDIT: And since I hate USPS for always losing my mail, stick it to 'em!

[ecmst12]

Limited tort does not apply when you are hit by a commercial vehicle, but I do not know if the postal truck would count as commercial since it is government owned.

You should expect this to take a REALLY LONG TIME. I would expect at least 1.5-2 years. Besides that claims take a long time to settle anyway, and lawyers take a long time to do anything all the time, this is the GOVERNMENT you are dealing with, no one moves slower then they do.

[hotbacon15]

Em,

I thought limited tort was waived only if you are the driver or passenger in a commercial vehicle. I didn't think it applied to a non-commercial vehicle in an accident with a commercial vehicle.

Are you saying limited tort is waived for me if I was hit by say UPS or Fedex or another commercial vehicle?

Thanks in advance.

[ecmst12]

Limited tort is waived if you are HIT by a commercial vehicle. At least that's what I was told. But again, I don't know if a postal truck is a commercial vehicle.