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 about 18 mph when a pedestrian suddenly stepped into traffic and collided with her car. Thankfully, there was no damage to her vehicle, and she was unharmed. The pedestrian was taken away by ambulance. The NYPD responded and filed a report, which included her insurance information. The other party engaged an “ambulance chaser” the very next day.
According to the NYPD report, the pedestrian claimed that while inspecting her car at a body shop, she was startled by a splash of water when she opened the hood and consequently jumped backward into traffic. It’s important to note that the NYPD did not witness the accident, and while their report doesn’t establish fault, it can serve as a reference.
Unfortunately, my mother didn’t have a dash cam to capture the incident (definitely a lesson learned), but she mentioned that someone might have seen security camera footage of what happened. I’m concerned about the potential repercussions for my family, especially since my mother relies on her car and home.
Additional Context: My mother works for the USPS and was on the clock during the incident. She merely drives her car to a central location on her route before walking her delivery path.
I already anticipated that State Farm would deny the claim since my mother was at work. They advised the other party to file a tort claim with the USPS.
Note: The USPS is not particularly transparent with employees or customers, so I have concerns about how this situation will be resolved given that my mother was working at the time.
I appreciate any insights or advice you may have. Thank you!
I’m sorry to hear about the incident involving your mother. Accidents like this can be very stressful, especially when dealing with insurance and potential claims. Here are a few points to consider:
Documentation: It’s crucial to gather as much evidence as possible. If there’s any security camera footage, make sure to obtain it. Witness statements can also be valuable. The more evidence you have to support your mother’s side of the story, the better.
NYPD Report: While the police report does not determine fault, it can still provide context regarding the incident. If it accurately reflects your mother’s account and includes witness statements or evidence, it can be helpful in any subsequent claims or disputes.
USPS Involvement: Since your mother was on the clock as a USPS employee, the situation is more complex. It’s common for employer liability to come into play when an employee is performing job duties. USPS might handle any claims on behalf of your mother, but that can also mean there’s limited control over the situation.
Insurance Implications: Speak with your mother’s insurance agent about the situation and clarify how the company will handle this now that they know she was working. They should be able to guide you on the next steps.
Legal Advice: Given the complexity of the situation, it may be beneficial to consult with an attorney who specializes in personal injury or employment-related claims. They can provide guidance specific to your mother’s situation and rights.
Patient Communication: Ensure your mother stays in close communication with USPS, her insurance, and potentially a lawyer. They may need updates or additional information, and being proactive can help navigate the process more smoothly.
While it’s understandable to be concerned, focusing on gathering evidence and seeking advice from professionals can help mitigate the situation. Best of luck to your family during this challenging time!