Car vs. Pedestrian Incident: Seeking Community Advice
Hello everyone, I’m reaching out for some advice regarding a situation my mother recently encountered.
A few days ago in Queens, NYC, my mother was driving her car at approximately 18 mph when a pedestrian unexpectedly backed into the roadway, resulting in contact with her vehicle. Thankfully, there was no damage to my mother’s car, and she was uninjured. The NYPD arrived, filed a report, and collected my mother’s insurance information. However, the pedestrian quickly hired an “ambulance chaser” the very next day.
According to the NYPD report, the pedestrian claims that after pulling over her car at a body shop, she opened the hood and was startled when water splashed out, causing her to jump backward. It’s important to note that the police did not witness the incident, and while the report doesn’t establish fault in accidents—only criminal liability—it will still play a role in the ongoing situation. Unfortunately, my mother didn’t have a dash cam, which she now sees as a lesson learned. She also mentioned that someone may have security camera footage of the incident.
My primary concern is how this will impact my family moving forward, as my mother has her car and house to think about in addition to this situation.
For context, my mother works for the USPS and was on duty at the time of the incident; she simply drives to a central location on her route before walking her deliveries. I assumed that State Farm would deny any claim simply because she was working, and they’ve advised that the other party file a tort claim with the USPS.
I also have concerns about the transparency of the USPS in handling these matters, as it tends to be lacking for both employees and customers.
Thank you all for any guidance or advice you can share on this situation.
I’m really sorry to hear about the stressful situation your family is facing. It sounds like a complicated accident with a lot of moving parts, especially considering your mother was on the clock while working for USPS.
Here are a few things to consider:
Insurance Process: Since your mother was working, the USPS might be liable under the Federal Tort Claims Act. This means that any claims from the pedestrian may need to go through the USPS’s insurance rather than your mother’s personal policy. It’s good that State Farm guided the pedestrian to file a tort claim; that might help limit your mother’s liability.
Witnesses and Evidence: If someone did see the incident and there is security camera footage, that could be critical evidence. If it’s possible, try to gather witness statements and see if the security footage can be obtained. This can help clarify what actually happened and potentially support your mother’s case.
Medical Claims: Unfortunately, some individuals do seek compensation for situations like this, even if the circumstances of the accident are not clear-cut. It would be a good idea to prepare for the possibility of a claim and work with the USPS on how to respond.
Legal Help: Considering the complexity of the situation, consulting with a personal injury attorney might be beneficial. They can provide clarity on your mother’s rights and how to navigate the situation with both the USPS and the pedestrian’s claim.
Documentation: Make sure to keep thorough documentation of everything—police reports, any correspondence with insurance companies, and medical records if they arise. This can be helpful in addressing any claims that may come up.
Stay Calm: I know it’s easier said than done, but try to stay calm. It’s important to let the process play out and respond appropriately as new information comes in.
In any case, make sure your mother keeps her employer informed about the situation, especially if there are any implications for her job. It’s a tough situation, but hopefully, with the right information and support, your family can navigate through it. Wishing you all the best!