Car vs. Pedestrian Incident
Hello everyone, I’d appreciate your thoughts on a situation involving my mother.
A few days ago, while driving through Queens, NYC at approximately 18 mph, she had an unfortunate encounter with a pedestrian who unexpectedly backed into traffic and collided with her vehicle. Thankfully, there was no damage to my mother’s car, and she emerged uninjured. The NYPD arrived to file a report and documented my mother’s insurance information. However, the pedestrian seemed to quickly hire an “ambulance chaser” the following day.
According to the NYPD report, the pedestrian claimed that after pulling over her car at a body shop for inspection, she opened the hood, which caused a splash of water to startle her, leading her to jump backwards into the path of my mother’s car. It’s worth noting that the police did not witness the incident, and while the report may not determine fault, it is often used as a reference.
Unfortunately, my mother did not have a dashcam to record the event (a lesson learned), but she mentioned that someone may have seen security camera footage of the incident. I’m concerned about how this situation might impact my family, especially since my mother has her car and home to consider.
Additional context: My mother is employed by the USPS and was on the clock at the time of the accident; she typically drives her car to a central point on her route and then walks her deliveries. I anticipated that State Farm would deny the claim since she was working, and they advised the other party to file a tort claim with the USPS.
Please note, the USPS is not particularly transparent with its employees or customers, which leaves me feeling uncertain about how this process will be managed given that my mother was on duty when the incident occurred.
Thank you for any insights or advice you may have.
I’m sorry to hear about your mother’s situation; that sounds really stressful for both her and your family. Given that she was on duty for USPS at the time of the accident, the fact that she has to deal with an additional claims process can add complexity. Here are a few points to consider:
Insurance Coverage: Since your mother was driving for work, it may complicate her personal car insurance situation. USPS may have its own liability coverage that could come into play, especially if the other party pursues a claim. It would be wise for your mother to communicate closely with her USPS HR department or a workers’ compensation representative about the situation.
Evidence: If there is security camera footage as mentioned, that could be crucial in determining the circumstances of the incident. It’s worth following up on that to see if it can be obtained.
Legal Counsel: Given that the other party has already hired an attorney, it may be beneficial for your mother to consult with a legal professional who specializes in automotive accidents, especially ones involving employees on the job. They can provide guidance based on the specifics of the case and help navigate the complexities that arise when an accident occurs while one is working.
Documentation: Keeping thorough records of everything related to the incident—police reports, insurance correspondence, and any communication with USPS—is essential. This may prove useful in any potential disputes or claims that arise down the line.
Emotional Support: This kind of situation can be very taxing emotionally. Make sure your mother has support during this challenging time, whether through family, friends, or professional resources.
While it’s hard to predict how things will play out, being proactive about gathering evidence and seeking legal advice can help alleviate some concerns. Best of luck to your family as you navigate this process.