Hit by USPS truck - advice?
#1
Thread Starter
Member
Joined: Sep 2008
Posts: 29
Likes: 0
From: Santa Rosa, CA
Hit by USPS truck - advice?
Got run into by a mail truck coming out of a side street yesterday afternoon. Minor damages to me, but the bike and my glasses are both bent and my helmet is cracked through. I'm assuming that this happens a lot with USPS, do they have a formalized claims procedure or anything, or am I going to have to fight to get them to pay for any of it?
#4
Banned
Joined: Jun 2010
Posts: 43,586
Likes: 1,380
From: NW,Oregon Coast
Bikes: 8
Document damage? get a police report? witnessing 3rd parties?
NB: personal injury cases are contingent fee, no money down,
% of the settlement pays the lawyer.
NB: personal injury cases are contingent fee, no money down,
% of the settlement pays the lawyer.
Last edited by fietsbob; 09-10-10 at 01:46 PM.
#5
Thread Killer

Joined: Aug 2008
Posts: 13,144
Likes: 2,167
From: Ann Arbor, MI
Bikes: 15 Kinesis Racelight 4S, 76 Motebecane Gran Jubilée, 17 Dedacciai Gladiatore2, 12 Breezer Venturi, 09 Dahon Mariner, 12 Mercier Nano, 95 DeKerf Team SL, 19 Tern Rally, 21 Breezer Doppler Cafe+, 19 T-Lab X3, 91 Serotta CII, 23 3T Strada
I hate considering how litigious we are as a society, but you really should consult an attorney, not so you can sue the proverbial pants off them, but rather so you can navigate the complicated and often confusing legal process effectively.
#6
Intrepid Bicycle Commuter
Joined: Sep 2009
Posts: 819
Likes: 95
From: Upstate New York
Bikes: 1976 Motobecane Grand Jubile, Austro Daimler 'Ultima', 2012 Salsa Vaya, 2009 Trek 4300, Fyxation Eastside, State Matte Black 6, '97 Trek 930 SHX, '93 Specialized Rockhopper, 1990 Trek 950
I would certainly hope that you called a police officer to the scene of the accident, before letting the driver leave. If not, you may have no options whatsoever.
#7
If you got whacked, got up and rode off, then you may be out of luck. No evidence, no witness, just word v word.
If you got a report then you'd be good. Go to the USPS and ask, or call and ask for the main officer there. You may also need to call the postal inspectors. They are the investigative police for the USPS.
If you got a report then you'd be good. Go to the USPS and ask, or call and ask for the main officer there. You may also need to call the postal inspectors. They are the investigative police for the USPS.
#8
Enjoy

Joined: Nov 2003
Posts: 6,165
Likes: 0
From: Seattle metro
Bikes: Trek 5200
Sorry to hear that PLU, what did the Dr. say? How is your back/neck?
When granny right-hooked me on her spree to Walgreens, I didn't feel I was hurt that bad. That was 6mo.s ago. Dr. says no riding for the rest of 2010
When granny right-hooked me on her spree to Walgreens, I didn't feel I was hurt that bad. That was 6mo.s ago. Dr. says no riding for the rest of 2010
#11
stringbreaker
Joined: Sep 2006
Posts: 4,463
Likes: 2
From: wa. State
Bikes: specialized crossroads hybrid 2006 Raleigh Cadent 2 1971 Schwinn Varsity, 1972 Schwinn Continental, 1977 Schwinn Volare (frame)
Well ya can't sue, the government is broke
__________________
(Life is too short to play crappy guitars) 2006 Raleigh Cadent 3.0, 1977 Schwinn Volare, 2010 Windsor tourist. ( I didn't fall , I attacked the floor)
(Life is too short to play crappy guitars) 2006 Raleigh Cadent 3.0, 1977 Schwinn Volare, 2010 Windsor tourist. ( I didn't fall , I attacked the floor)
#13
I am a caffine girl
Joined: Nov 2009
Posts: 1,815
Likes: 1
From: Bay Area
Bikes: 2012 Stumpjumper FSR Comp...2010 Scott CR1 CF...2007 Novara FS Float2.0...2009 Specialized Hardrock Disc...2009 Schwinn Le Tour GSr
It's a lost case even if you win, they'll raised the postage stamp again.
On a more serious side, when something of this nature happen and you stick around, are they suppose to send a Postmaster or someone of higher authority out to the scene?
On a more serious side, when something of this nature happen and you stick around, are they suppose to send a Postmaster or someone of higher authority out to the scene?
#16
Senior Member
Joined: Jun 2007
Posts: 684
Likes: 0
I have no experience of dealing with the USPS. In dealing with an insurance company, I was able to avoid using a lawyer simply by sending a Without Prejudice letter to them which said "I'm only claiming for my bike frame and my helmet, and not for the cost of hiring a rental car to get to work in the meantime, and I haven't incurred any legal fees yet, so just write me the check now and we don't have to bother with litigation or similar messing about". I enclosed a bike shop estimate for replacement/repair. They sent a check within a week.
Considering that car accidents can be $2000 for a damaged fender and a tow, they're probably going to be more interested in concentrating on fighting off bogus car claims than your legitimate bike claim.
Top tip: be incredibly nice to the person handling your claim. They deal with nasty/angry people all day and a little bit of honey can expedite your claim/convince them that you're legit and there's nothing for them to gain in slowing things down.
Considering that car accidents can be $2000 for a damaged fender and a tow, they're probably going to be more interested in concentrating on fighting off bogus car claims than your legitimate bike claim.
Top tip: be incredibly nice to the person handling your claim. They deal with nasty/angry people all day and a little bit of honey can expedite your claim/convince them that you're legit and there's nothing for them to gain in slowing things down.
#17
Senior Member

Joined: Jul 2010
Posts: 3,816
Likes: 23
#18
Thread Starter
Member
Joined: Sep 2008
Posts: 29
Likes: 0
From: Santa Rosa, CA
Thanks for the replies, everyone.
The mail carrier did call the police and medics, so I was checked over on the spot and statements were taken from all concerned.
However, when I called the USPS....
I'm not sure what I was expecting - sympathetic treatment, maybe? Or some sort of apology?
Anyway - first thing I was told was that the incident was closed because I had left the scene too early!
They were surprised that I was even calling because, by not being there when their "investigation team" arrived on the spot, I had, apparently, absolved them of any responsibility for the incident (or something along those lines! I don't remember the exact wording they used, but it was exceptionally cold and heartless). I really did not have a clue what to say to this!
I got it together enough to point out that I had been told by the police officer on the spot that I was free to go and that the mail carrier didn't say or indicate that there was any reason for me to stay there, but the woman from the USPS just kept repeating that as far as they were concerned the incident was closed!
I'm not sure how we got there, but eventually she told me that she would send me a claim form, but that there was no obligation on their part because the incident was closed!
I've taken the bike to my lbs to get a crash-check (hopefully there will not be too much damage) and already bought a new helmet, but I'm going to have to live with the scratched glasses and throw away the clip-ons!
Hopefully I will get some more positive resonse from the USPS when I fill out the claim form!
The mail carrier did call the police and medics, so I was checked over on the spot and statements were taken from all concerned.
However, when I called the USPS....
I'm not sure what I was expecting - sympathetic treatment, maybe? Or some sort of apology?
Anyway - first thing I was told was that the incident was closed because I had left the scene too early!
They were surprised that I was even calling because, by not being there when their "investigation team" arrived on the spot, I had, apparently, absolved them of any responsibility for the incident (or something along those lines! I don't remember the exact wording they used, but it was exceptionally cold and heartless). I really did not have a clue what to say to this!
I got it together enough to point out that I had been told by the police officer on the spot that I was free to go and that the mail carrier didn't say or indicate that there was any reason for me to stay there, but the woman from the USPS just kept repeating that as far as they were concerned the incident was closed!
I'm not sure how we got there, but eventually she told me that she would send me a claim form, but that there was no obligation on their part because the incident was closed!
I've taken the bike to my lbs to get a crash-check (hopefully there will not be too much damage) and already bought a new helmet, but I'm going to have to live with the scratched glasses and throw away the clip-ons!
Hopefully I will get some more positive resonse from the USPS when I fill out the claim form!
#20
1. Get a lawyer involved. Being cleared by the LEO on scene to get on with your life trumps their idiotic claim.
2. And to those who say you can't sue the government, well, actually you can (may not do any good). But the USPS is not the government- they are a regulated agency, but they are not funded by taxpayer dollars. They are self sufficient from the revenues they generate.
You could get the media involved. Virtually every news station has some sort of protection/advocate team.
2. And to those who say you can't sue the government, well, actually you can (may not do any good). But the USPS is not the government- they are a regulated agency, but they are not funded by taxpayer dollars. They are self sufficient from the revenues they generate.
You could get the media involved. Virtually every news station has some sort of protection/advocate team.
__________________
Community guidelines
Community guidelines
#21
I am a caffine girl
Joined: Nov 2009
Posts: 1,815
Likes: 1
From: Bay Area
Bikes: 2012 Stumpjumper FSR Comp...2010 Scott CR1 CF...2007 Novara FS Float2.0...2009 Specialized Hardrock Disc...2009 Schwinn Le Tour GSr
Anyway - first thing I was told was that the incident was closed because I had left the scene too early!
They were surprised that I was even calling because, by not being there when their "investigation team" arrived on the spot, I had, apparently, absolved them of any responsibility for the incident (or something along those lines! I don't remember the exact wording they used, but it was exceptionally cold and heartless). I really did not have a clue what to say to this!
I got it together enough to point out that I had been told by the police officer on the spot that I was free to go and that the mail carrier didn't say or indicate that there was any reason for me to stay there, but the woman from the USPS just kept repeating that as far as they were concerned the incident was closed!
They were surprised that I was even calling because, by not being there when their "investigation team" arrived on the spot, I had, apparently, absolved them of any responsibility for the incident (or something along those lines! I don't remember the exact wording they used, but it was exceptionally cold and heartless). I really did not have a clue what to say to this!
I got it together enough to point out that I had been told by the police officer on the spot that I was free to go and that the mail carrier didn't say or indicate that there was any reason for me to stay there, but the woman from the USPS just kept repeating that as far as they were concerned the incident was closed!
#22
Senior Member
Joined: Nov 2006
Posts: 633
Likes: 1
From: Pittsfield, MA
Bikes: Motobecane Fantom Cross 2008 Schwinn Super Sport 1972 SS. Surly Pacer Rando bike
#23
Senior Member

Joined: Jul 2008
Posts: 1,428
Likes: 18
And don't forget to claim everything that you're legitimately entitled to, which certainly extends to a helmet, glasses, any medical costs, and any time you miss from work as a result of the accident.
#24
Senior Member

Joined: May 2005
Posts: 1,890
Likes: 59
From: Fairhaven, Massachusetts
Bikes: Giant easy e, Priority Onyx, Scott Sub 40, Marin Belvedere Commuter
Thanks for the replies, everyone.
The mail carrier did call the police and medics, so I was checked over on the spot and statements were taken from all concerned.
first thing I was told was that the incident was closed because I had left the scene too early!
They were surprised that I was even calling because, by not being there when their "investigation team" arrived on the spot, I had, apparently, absolved them of any responsibility for the incident (or something along those lines! I don't remember the exact wording they used, but it was exceptionally cold and heartless). I really did not have a clue what to say to this!
I got it together enough to point out that I had been told by the police officer on the spot that I was free to go and that the mail carrier didn't say or indicate that there was any reason for me to stay there, but the woman from the USPS just kept repeating that as far as they were concerned the incident was closed!
I'm not sure how we got there, but eventually she told me that she would send me a claim form, but that there was no obligation on their part because the incident was closed!
I've taken the bike to my lbs to get a crash-check (hopefully there will not be too much damage) and already bought a new helmet, but I'm going to have to live with the scratched glasses and throw away the clip-ons!
Hopefully I will get some more positive resonse from the USPS when I fill out the claim form!
The mail carrier did call the police and medics, so I was checked over on the spot and statements were taken from all concerned.
first thing I was told was that the incident was closed because I had left the scene too early!
They were surprised that I was even calling because, by not being there when their "investigation team" arrived on the spot, I had, apparently, absolved them of any responsibility for the incident (or something along those lines! I don't remember the exact wording they used, but it was exceptionally cold and heartless). I really did not have a clue what to say to this!
I got it together enough to point out that I had been told by the police officer on the spot that I was free to go and that the mail carrier didn't say or indicate that there was any reason for me to stay there, but the woman from the USPS just kept repeating that as far as they were concerned the incident was closed!
I'm not sure how we got there, but eventually she told me that she would send me a claim form, but that there was no obligation on their part because the incident was closed!
I've taken the bike to my lbs to get a crash-check (hopefully there will not be too much damage) and already bought a new helmet, but I'm going to have to live with the scratched glasses and throw away the clip-ons!
Hopefully I will get some more positive resonse from the USPS when I fill out the claim form!
You don't have to live with any damage the USPS caused. There is a clause where you can go for treble damages if you fell you are being treated unfairly by them.
"The amount recoverable by a person who has been injured in any manner, including physical harm, property damage, or violated rights, through the act or default of another."
Give them a chance to make a fair settlement first. If they try to bully you, push back.
#25
Senior Member
Joined: Jun 2007
Posts: 684
Likes: 0
The mail carrier did call the police and medics, so I was checked over on the spot and statements were taken from all concerned.
However, when I called the USPS....I'm not sure what I was expecting - sympathetic treatment, maybe? Or some sort of apology? Anyway - first thing I was told was that the incident was closed because I had left the scene too early!
However, when I called the USPS....I'm not sure what I was expecting - sympathetic treatment, maybe? Or some sort of apology? Anyway - first thing I was told was that the incident was closed because I had left the scene too early!
Don't panic about the USPS call center person - they're on the phone all day dealing with people fabricating claims so it's not surprising that they're trying to fob you off.
As for the "incident closed" line, well...you can tell them that according to PLUChris Corporate Risk Management Policy, not only is the incident still under investigation but in fact it has received Big Dog Alpha 1A Priority Status.




