Hit by USPS mail truck, New York State

New York

I was the passenger in a vehicle that was in a low-impact collision yesterday with a USPS mail truck. We were hit from behind by the truck, at which point my head went forward and back quickly, resulting in a typical whiplash injury and some muscles hurting in my neck, shoulders, lower skull, and lower back.

I was worried about my injuries (as I thought perhaps there was more to it than typical whiplash) and I went to the hospital's ER quickly thereafter. I was there for many, many hours and eventually released (after an xray, CT scan, and something else, since they thought they saw a fracture in my lower back) with instructions to stay out of work for about a week and keep an eye out on my health progress.

Since I was the passenger, what do I do now in order to make sure I am compensated by the USPS for this? They have all of my information as well as the driver of the car I was in, but the driver of the car I was in is not going to turn it in on her insurance because the scratch was minor and she is not hurt, so she doesn't want to go through the trouble. I went to the New York State police department that is near me (in Ithaca) today with her and requested copies of the accident report and any other needed documents.

What remedies can I reasonably pursue in this situation, and how do I go about doing so? Thanks so much in advance for your advice!

File a claim with the USPS.

I've done this and they are doing whatever they do with their insurance company, but do I need to hire a lawyer now?

hitbytheusps said:

I've done this and they are doing whatever they do with their insurance company, but do I need to hire a lawyer now?

Click to expand...

You should not need an attorney for the minor injuries you suffered. Keep track of all the bills, loss of pay and expenses and keep in touch with the insurance company.

I was thinking more for the emotional damage that it is causing me and my fiancee. For various reasons this is causing us a very considerable amount of displeasure.

What... does your fiancee have to do with this? My God, there wasn't even much damage to the vehicle, I doubt you were injured that much. Stop trying to see the USPS as a cash cow, get them to reimburse you for your lost wages and medical bills and move on.

Your fiancee gets nothing. She wasn't injured. She probably wasn't even there - and she has no legal relationship to you -- or your wages.

The discomfort that came with being in an ambulance taken to a hospital where I stayed for eight hours while being treated for what they believed was a fractured spinal bone after doing x-rays, CT scans, and something else. Throughout this time I was quite distraught at the thought, and even now they are saying they may need to do more tests to confirm that there is nothing wrong. When we left the hospital at 3:00am, I had to get a taxi (which is not free either, of course) back to where I live while constantly hitting bumps which caused my back to hurt even more. This is not to mention some ridiculous situations with the people that were in the taxi and at the hospital which at least one time had me frightened personally.

This morning I had to spend three hours at the state police department which I had to get a taxi to take me to and from. This was not free, nor is my time or inconvenience.

I brought up my fiancee because last night was our engagement anniversary and there was an entire night of celebrations pre-planned and some pre-paid for. I will now not be reimbursed for the deposits I put down nor the emotional distress of a complete, total ruin of a very important evening. I don't expect my fiancee to have anything to do with the (potential) civil suit or anything like that. I don't "know the law" but I have studied law in school (it is my minor; I'm graduating in December) so know enough of the basics to know we would have no grounds on which to sue from my fiancee's point of view.

I appreciate everyone's input and hope this helps to clear things up. I'm not looking to sue the USPS for a million bucks but do think I should be entitled to something for these and other reasons.

You are entitled to (IMO):

Your lost wages
Your medical bills
I'll even throw in your taxi fare although why wasn't your fiance there to look after you and get you home after your horrible ordeal???? You mean she let you take a cab?

You really need to build a bridge and get over it. There are strange people everywhere. In hospital ER's, in subways, at your job, in the local market, etc. Where do you live? In a bubble?

You weren't really all that injured. I'm sure you've totally recouperated by now. Sorry about the engagement anniversary (although I've never known someone to celebrate the anniversary of the engagment...that's usually the wedding). How big of an extravaganza do you have to celebrate the anniversary of an engagement? Get married already (end of rant). I mean, you can end up being engaged for the next 15 years. Nowadays, everyone is a fiancee.

My fiancee was there for it all and rode with me everywhere I went. My car's transmission went out last week and I've not been able to get it fixed around here yet (it's a BMW and apparently no one knows how to fix those anywhere near my area). So, nah, she wasn't abandoning me at all; she was there for it.

I wouldn't say I live in a bubble at all, no, but I know what you mean. I don't mean to say I was threatened for my life any more than I would've been elsewhere, but the point is I would've been asleep at home at 3am if none of this had happened and none of this would even be an issue. (I mean, I can't even have sex with my fiancee on the night of our anniversary because I can't move my lower back or neck very well... that's enough of an argument if you ask me!)

Simply, I feel victimized. Perhaps I'll feel better emotionally about it in the next few days and change my stance, but for now I feel like this was all terribly inconveniencing. I'm sure I won't be able to talk to a lawyer before Tuesday anyway since it's Labor Day on Monday.

The total recuperation assumption you made isn't correct, though I'm hopeful it'll all be better soon. I'm still wearing a mandated neckbrace that the hospital gave to me until I have to go back on Wednesday. Once again, I hope that I'm feeling totally better by then, but by no means am I well right now. I'm online solely to look up info on other cases similar to mine (of which I've found none) and to ask for advice from you all (which, once again, I thank you all very much for).


Oh, and about the engagement, we'd already be married if we could! We're doing it at the Biltmore Estate, though, and the earliest we can get in is Summer 2009, so really these "anniversary celebrations" of ours are very special to us.

Umm, you really need to be talking to your friend OR your own insurance company, if you have one. In NY, each person goes through its own insurance company FIRST for medical bills.

Ok, so I need to have my own insurance company pay for the medical bills, and they will subsequently deal it out with the USPS themselves?

Thanks for the help.

When and where should I file my No-Fault claim?
Ans: Regulation 68 requires that "in the event of an accident, written notice setting forth details sufficient to identify the eligible injured person, along with reasonably obtainable information regarding the time, place and circumstances of the accident, shall be given by, or on behalf of, each eligible injured person, to the applicable No-Fault insurer, or any of their authorized agents, as soon as reasonably practicable, but in no event more than 30 days after the date of the accident, unless the eligible injured person submits written proof providing clear and reasonable justification for the failure to comply with such time limitation."
You should file your claim with the insurance company which covers the car in which you were an occupant (either as passenger or driver) or, if you were a pedestrian, with the car that struck you. If you do not know the vehicle that struck you or if the vehicle was uninsured, you may file a claim with the insurer of a household family relative who had an auto policy at the time of the accident. If there was no auto policy in the household, you should file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC). Additional information on MVAIC can be obtained on their web site www.mvaic.com or you can contact them by telephone at (646) 205-7800.

**What do I do if my expenses exceed the $50,000 available under No-Fault?
Ans: When the basic No-Fault benefits are consumed, you may apply for Additional No-Fault (Additional PIP) benefits either from the vehicle you occupied or any auto policy of a related member of your household. Additional PIP is an optional coverage which is usually not expensive. If no Additional PIP benefits are available, you may make a claim to your standard health insurance to pay for your medical expenses. You may also be eligible for Federal Social Security Disability benefits. In addition to the above, you can also sue the party responsible for the accident, in order to recover the costs that you paid which exceed your policy limit.
**
sue for "serious injury" against another driver's liability coverage?
Ans: You may sue another driver if he or she caused the accident that injured you and you sustain a "serious injury". Section 5102(d) of the New York Insurance Law describes various conditions that meet the definition of "serious injury".

You've been a huge help, moburkes. Thanks a ton.

You're welcome.

Your insurance pays your medical bills under no fault. They are not allowed to seek reimbursement from the at-fault driver - that's what makes it no fault.

You can certainly consult a lawyer to see if you have a case for pain and suffering, but really there's no way to know yet. You have to follow up with your regular doctor and see if further treatment is needed. The more treatment you need, then the better case you will have, but don't expect a mint for soft tissue stuff. If there is a fracture in your spine, obviously that's worth more.

Guys, don't underestimate what whiplash can do to a person. It may be minor compared to the kind of serious injuries that are possible in a car crash, but it sure ain't no picnic either! One night in the ER isn't going to garner much sympathy (or money) but the accident was only yesterday and he doesn't know if he's going to get better on his own or need 6 months of PT/chiro care. And if there is a fracture, recovery could take even longer.