Legal Question in Personal Injury in California
US Post Office Auto coverage
My fiance was involved in an accident with a postal truck. The truck failed to yield right of way at a two way controlled intersection (his side had a stop sign). The damage to her Jaguar is substantial (more then small claims) and in dealing with the USPO they are indicating that they can take up to 6 months to determine the validitiy of a claim. Their claim form also has no accomidation for rental vehical during repair, or any latitude for incidental costs as they arise during the course of repair. The form, as provided, is a 95-109 standard form 95. This form also requires the claimant upon
signing the form to ''ceritify that the amount of claim covers only damages and injuries caused by the accident above and agree to accept said amount in full satisfaction and final settlement of this claim.'' This bothers me and I need direction as to what I legally can do in this case. My fiance cannot afford to fix her car, pay for a rental car and then wait maybe six months before she knows if the US post office will pay the claim. What is our proper course of action.
2 Answers from Attorneys
Re: US Post Office Auto coverage
FILE SUIT !
Their policy does not dictate what you have to do. However, you will have to accept that you don't get paid immediately either way.
Your other option is to have an attorney deal with the problem to speed it up, but, unless there are personal injuries to increase the value of the claim above simple recovery of repair costs, the attorney fees will have to be paid by you, reducing the net recovery. No great answers or magic solutions here. Contact me if interested in pursuing.
Re: US Post Office Auto coverage
Having recently lost my XJ6 to a driver whodid not yield the right of way to oncoming traffic, your girlfriend has my complete sympathy. But you should understand that the "King can do no wrong" and is liable only if it permits itself to be liable. That is the position in law of the government, any government. As a result, virtually all governments have set up a procedure which requires claimants to file, within a shorter time than the ordinary Statute of Limitations, a claim which claim they can accept or deny ( the more usual response) or permit to be denied by operation of law, by simply not acting for a period usually about 6 months. You must, however, be very careful about these periods, inasmuch as you can be barred from proceeding it you miss the deadlines. You appear to be proceeding properly, but you probably should retain an attorney to comply with all of the dates for claims and Statutes of Limitation. You claim can and should include an amount for pain and suffering, assuming you girlfriend was injured, and for medical expenses. Lost use, that is if you rent a car in the meantime, is recoverable. Make sure that her insurance does not have a lost use provision permitting her to rent a car in this circumstance, which they will pay all or a part of.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
