Car vs. Pedestrian Incident
Hi everyone, I’m seeking some advice from the community.
A few days ago, my mother was driving her car in Queens, NYC, at around 18 mph when a pedestrian unexpectedly backed into traffic, making contact with her vehicle. Fortunately, there was no damage to her car, and she wasn’t injured. The NYPD responded, took a report, and collected my mother’s insurance information. However, the pedestrian hired an “ambulance chaser” the very next day.
In the police report, the pedestrian claimed that after pulling over at a body shop to have her car checked, she opened the hood, causing water to splash and startle her, which made her jump backward. Since the NYPD did not witness the incident, I understand that the report does not establish fault but can still be influential. Unfortunately, my mother didn’t have a dash cam to capture the event, but she mentioned that there may be security camera footage available from the area.
I can’t help but feel anxious about how this will affect my family, especially since my mother has her car and home to consider now.
Important Note: My mother works for the USPS and was on duty at the time of the incident. She was just driving to a central location on her route before completing her walk.
State Farm has already indicated that they would deny any claims since she was on the job, and advised the other party to file a tort claim with the USPS.
Additional Note: The USPS tends to lack transparency with its employees and customers, so I’m not very optimistic about how this situation will be resolved.
Any advice or insight would be greatly appreciated. Thank you!
I’m really sorry to hear about the situation your mother is in. It sounds quite stressful, especially considering she was on the job at the time of the incident. Here are a few points to consider:
Documentation: Make sure to keep all documentation related to the accident, including the police report, any correspondence with insurance companies, and any medical reports about the pedestrian. This will be important if any further claims arise.
Insurance Communication: Since your mother was on duty, communication between her personal insurance and her employer’s liability coverage will be crucial. It’s good that State Farm advised the other party to file a tort claim with USPS, as that shifts liability to the employer.
Video Evidence: If there was indeed security camera footage, that could significantly help your case. It’s worth following up on this and trying to obtain a copy of the footage if possible. It may help clarify what happened during the incident.
Legal Guidance: Given the complexities of the situation, it might be wise to consult with a personal injury attorney who can provide guidance on how to best navigate the claims process, especially since there’s potential for the other party to pursue a claim against USPS.
Confidence in USPS: While it’s understandable to be concerned about the transparency of USPS, they typically have processes in place for incidents like this. Encourage your mother to stay proactive in following up on the situation with her employer.
Community Support: Utilize local community resources or engage in discussions with support groups or forums similar to this one. Others may have had similar experiences and could provide additional insights.
While it’s hard to say how this will ultimately play out, being proactive and prepared can help mitigate some of the stress involved. Wishing you and your mother the best in resolving this situation.