Getting injured in a car accident can lead to life changing circumstances. You must get the compensation you need to cover your medical expenses, pain and suffering, lost wages, and more. When it comes to accidents with US Postal Service drivers, filing an injury claim is not the same as filing with a traditional insurance plan.
US Postal Service employees are covered under the government which does not carry traditional insurance. They are “self-insured” so any claims are paid directly by the government. In order to file a claim, you will submit a form under the Federal Tort Claims Act. With the help of your lawyer, you can win a settlement that can cover all of your damages to get you back on track. This was the case in a successful lawsuit represented by Todd Alexander, Esq. of Benson & Bingham Accident Injury Lawyers, LLC, where a client won $921,191.64 following a bench trial under the FTCA.
Client Wins Significant Settlement After An Injury With a USPS Vehicle Under The FTCA
He reached out to Benson & Bingham, who coordinated his personal injury treatment and began working on the legal case. This was an especially important move since the case was against the US government which can be more complex.
In April 2025, the matter was seen at a bench trial. Benson & Bingham used testimony from the client, family and friends, expert witnesses, and the medical professionals who treated the injuries to build a strong case.
At the conclusion, the court provided a total of $921,191.64 in settlement money for the plaintiff. This settlement included covering medical expenses, lost wages, and non-economic damages such as pain and suffering.
Vehicle Insurance Requirements For The United States Postal Service
The US Postal Service does not carry any type of individual vehicle insurance. If you are involved in a car accident with USPS, filing a personal injury treatment claim can be complex and require the help of a lawyer.
In fact, because the USPS is a federal entity, they are “self-insured” meaning that if you file a lawsuit or an injury claim, any compensation you receive will come directly from federal funds instead of an insurance plan. Not only that, but the government must approve it.
However, the good news is, the Federal Tort Claims Act has made it possible for victims of negligence, like a person getting hit by a USPS vehicle, to get the compensation they need to recover. Submitting a claim through FTCA takes the place of submitting a claim with a traditional insurance carrier.
How to File an Insurance Claim After An Accident With USPS
You may not need to file a claim with FTCA in some cases. If you have been in an accident with a USPS driver, you should start by submitting a claim with your own personal insurance. You can work with your lawyer to make sure every step in your personal injury treatment is covered.
Once you have been compensated, your insurance company will go through the process of getting reimbursed from the FTCA. They will essentially step into your shoes and file a claim. In cases where your insurance will not cover your damages, you will have to file the claim with FTCA yourself.
What Is The Federal Tort Claims Act?
Typically, government employees are protected by sovereign immunity, which means they cannot be sued without consent. In 1946, the FTCA was passed allowing citizens to hold government employees accountable for certain negligent acts. You can file a claim under the FTCA if the following applies:
- The negligent act was done by a federal employee, not an independent contractor.
- The federal employee must have been acting in the scope of their job.
- The federal employee must have committed negligence.
- The negligence must have caused injury, death, or property damage.
If all of these criteria apply, you, with the help of your lawyer, can file a claim. Because the government does not hold insurance, your compensation will come straight from the government’s pockets. It’s important to remember that you can only claim compensation from your damages and that these damages are capped.
How To File a Claim Under The FTCA
So how will you file a claim under the Federal Tort Claims Act? First, get in contact with a personal injury lawyer who can walk you through the process and ensure you have everything necessary for a successful case. From there, you can do the following:
- Step 1- Fill out the Form: Work with your lawyer to find Standard Form 95. You can fill it out using your personal info, the federal agency responsible, information about the incident, the dollar amount you want to claim, and more.
- Step 2- File SF-95: Once your form is correctly filled out, you can mail it to the USPS Tort Claims Coordinator in the region where the incident occurred.
- Step 3- Await the Agency’s Decision: The agency will have 6 months to investigate your claims and respond. They might approve your claim, deny it, or make a settlement offer.
- Step 4- File a Lawsuit (if necessary): If your claim is denied, you and your lawyer can go through the process of filing a lawsuit. You will have 6 months from the denial letter to do so.
The federal government can be rather strict when it comes to deadlines and how claims are handled. You must file your claim within 2 years of the accident and you will be barred from doing so after this deadline is past. It is also essential that you file a lawsuit within the 6 months given to you after a denial letter. Your lawyer will help you make sure you file everything on time to get the compensation you deserve for your personal injury treatment.
Face a Claim Against a Government Employee With The Help Of Our Trusted Personal Injury Lawyers
At Benson & Bingham we are dedicated to our clients and won’t rest until we know that you have what you need to recover and move on with your life. Reach out to us today for a consultation
