Car vs. Pedestrian Incident
Hi everyone, I’m seeking some advice from the community.
A few days ago, my mother was driving in Queens, NYC, at a speed of approximately 18 mph when a pedestrian unexpectedly backed into traffic and collided with her vehicle. Thankfully, there was no damage to her car, and she was unharmed. The pedestrian was taken away by ambulance. The NYPD arrived and filed a report, which included my mother’s insurance details. Interestingly, the pedestrian hired an “ambulance chaser” just the following day.
According to the police report, the pedestrian claimed, “I was beside her car at the body shop, and when I opened the hood, water splashed out unexpectedly, causing me to jump back.” While the NYPD was not a witness to the incident and I understand that their report does not determine fault, it can still serve as a useful reference. Unfortunately, my mother did not have a dash cam (a lesson learned), but she mentioned that someone may have seen footage from a security camera of the incident.
I’m really worried about how this situation might impact my family, especially since my mother has her car and house to think about.
Additional Note: My mother works for USPS and was on duty at the time. She simply drives her car to a central point on her route and then walks the rest of the way to deliver mail.
I anticipate that State Farm will deny the claim since she was working, and they suggested that the other party file a tort claim with USPS.
Another Note: There seems to be a lack of transparency from USPS regarding these matters, which leaves me feeling uncertain about how this process will unfold since my mother was on the job.
Thanks for any insights you can provide!
I’m really sorry to hear about your mother’s situation. It sounds quite stressful, and it’s understandable to be concerned about the potential implications. Here are a few points to consider:
Insurance and Liability: Since your mom was on the clock for USPS, her employer may be held liable in such incidents, and they might cover the costs related to the pedestrian’s injuries. It’s essential to keep your mother informed about the process with her employer’s legal team and any workers’ compensation claims that might arise.
Documentation: Make sure to gather and keep all relevant documentation, including the NYPD report, any witness statements, and any correspondence your mother has with her insurance company and USPS. This will be crucial if any disputes arise.
Security Footage: If there is security camera footage available, that could be incredibly valuable. It may help clarify what happened and support your mother’s account of the incident. Encourage your mother or her employer to secure that footage as soon as possible.
Legal Advice: Given the complications of the case, it might be wise to consult with an attorney who specializes in personal injury or auto accidents. They can help navigate potential legal issues, especially since there’s a possibility of a claim against USPS.
Future Precautions: As you mentioned, getting a dash cam can be a good investment for future driving to have video evidence in case of accidents.
Support for Mom: Remind your mother to take care of her mental well-being during this time. Such incidents can be traumatic, even if she wasn’t injured.
I hope this situation gets resolved swiftly for your family. Don’t hesitate to reach out for more advice or support as needed.