It is important to know that if you are involved in an accident with a postal worker or another agent of the U.S. Government (FBI, U.S. Marshal worker etc.) you should act the same way that you would after any accident. Here are some steps to consider:
Identify The Other Driver
It is important to get the information of the other driver involved in your accident. This is usually handled by the police but it is always safer to get the information yourself.
If you are able, you should certainly take pictures of the scene of the accident and the vehicles involved in the accident. These can be key pieces of evidence later. Also, take pictures of the license plates of the other vehicles involved in your accident. If you can take a picture of driver’s license of the other drivers this could also prove invaluable later.
Talk To and Identify Any Witnesses
Do not rely on the police to obtain witness information. If someone comes up to you at the scene of the accident, as often happens, and says “I saw the whole thing”, then you need to identify that witness and keep their information.
Get Medical Treatment
It is important to get medical treatment right away even if you do not believe that you are seriously injured. It is always a good idea to go to the hospital ER, Urgent Care or your doctor within 24 hours of the accident to memorialize your symptoms following an accident.
Contact Your Insurance Company
Contact your insurance company within 24 hours of the accident. Some insurance companies, and in some situations, you may be required to contact your insurance company within a specified period of time (usually 24 hours). So, do not wait to contact your insurance company to make them aware of your accident.
How is the Accident Claim Process Different Than a Normal Auto Accident in Michigan?
When you are dealing with a federal governmental agency, there are many differences that are critical and the protocols must be strictly adhered to. You must obtain what is known as “Form 95 Claim for Damage, Injury or Death” under the Federal Tort Claims Act. This form is available online. When you or your attorney are filling out this form, you will need to provide the following information:
- Identify your injuries. This should include your personal injuries as well as property damage and any lost time from employment.
- State the factual basis for your claim. You should work closely with your attorney to answer this question in a way that explains how the U.S. Government employee is at fault or responsible for causing the accident.
- Witness identification. The form will ask you to identify all known witnesses to the accident.
- Insurance. You will need to disclose your auto insurance information.
- Demand for damages. You are required to make a demand for compensation on the form. You should again work closely with your attorney to make a proper demand under your circumstances.
- Submit your claim. Once submitted, the U.S. Government has 6 months to respond to your claim. There is a strict two year deadline to file your lawsuit against the U.S. Government in an auto accident scenario.
Do I Need a Lawyer to Sue the U.S. Government for My Auto Accident?
As with any other auto accident, you can always try to negotiate or file your lawsuit on your own. Going it “alone” is always tricky but it is especially tricky when filing against the U.S. Government. Given the need for strict adherence to the above protocols under the Federal Tort Claims Act, this is a risky venture. Failure to comply with the rules could result in the failure of your claim and will act as a complete bar to recovery.
In order to properly identify the issues in your case and to insure that your case will be handled properly, contact the experienced Michigan injury lawyers at Femminineo Law to get your case started today. Contact us right now at 855.65.CRASH or go to getdavidgetpaid.com.