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If you get hurt in a car accident with a mail truck or another United States Postal Office or USPS vehicle, you may be wondering whether your car accident case is different than a typical one. Since the USPS is a federal government agency, there are different laws that apply to car accident cases that involve them. Let’s dive deeper into what these laws are and how they may affect you.
The Federal Tort Claims Act
In the event you are hit by a USPS vehicle that was driven by a USPS driver, the Federal Tort Claims Act or FTCA would apply to you instead of the typical Illinois car accident laws. The FTCA states that you can only sue the United States, not the USPS or the USPS driver who caused the accident.
To recover compensation for any damages the accident may have left for you, you must adhere to a certain procedure. First, you will need to file a Form 95 with the USPS. The form will ask you to outline the details of your car accident and disclose the amount of damages you believe you suffered in the accident.
After you have filled out Form 95 and filed it with the USPS, you will need to wait at least six months prior to filing a federal court claim. It is important to note that Form 95 and federal court claims must be filed with the USPS within two years of the accident.
During the six month waiting period, the USPS will investigate your claim and settle it or negotiate with you if they choose. Following the six month waiting period, you have the right to file a lawsuit. For more information on filing Form 95 for a car accident with the USPS, visit the USPS website.
If the driver of the USPS truck was an independent contractor hired by the federal government, an FTCA claim cannot be filed. However, if you can prove that the government treated the contractor as an employee or show that the government had authority to control the contractor’s performance, an FTCA claim may still be filed.
Reach Out to Our Hinsdale Car Accident Attorneys
Although car accidents with the USPS are rare, they do happen. If you are involved in an accident with a USPS vehicle, it is in your best interest to contact our highly skilled DuPage County car accident lawyers. We can assist you through the process of filling out a Form 95 and ensure your rights are protected. Call us at 630-920-8855 for a free consultation.
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