Short summary: A pedestrian lawfully in a Manhattan crosswalk was killed by a Postal Service box truck whose driver did not stop. A driver was later arrested. When the vehicle belongs to a federal agency, the claim generally leaves the New York rulebook entirely and enters a federal one with its own form and its own clock.
Most New Yorkers know that a city vehicle claim moves fast. Far fewer know that a federal one moves differently again.
What happened
Just after 5:30 a.m., a 66-year-old man crossing Ninth Avenue between 54th and 55th streets in Hell's Kitchen was struck by a United States Postal Service box truck. Police said he was lawfully in the crosswalk. The vehicle did not remain at the scene, and he was pronounced dead at a hospital.
A 61-year-old man was arrested and charged with leaving the scene of a deadly crash, as reported by CBS New York.
Three rulebooks, three clocks
New Yorkers hurt by a vehicle generally fall into one of three lanes, and the deadlines are not close to each other.
A private vehicle runs on ordinary insurance rules, with a 30-day no-fault application. A City of New York or MTA vehicle generally requires a notice of claim within 90 days. A federal vehicle, including a Postal Service truck, generally runs under the Federal Tort Claims Act, which requires an administrative claim to the agency itself, typically on a standard government form, before any lawsuit can be filed.
Why the federal path trips people up
The federal process is not slower in a helpful way. It is different in a way that punishes guessing. The claim generally goes to the agency first, the agency gets a period to respond, and only then does a court become available. Filing a lawsuit before completing that step generally gets the case dismissed regardless of how strong the facts are.
It also means that the ordinary strategy of dealing with an insurance adjuster does not apply, because there is no adjuster in the usual sense. Our post on the Bronx crash involving an NYPD vehicle covers the city version of the same problem.
The hit-and-run layer on top
Because the truck left the scene, the family also had a hit-and-run problem until the driver was identified. Where a fleeing driver is never found, MVAIC and uninsured motorist coverage generally become the path, which we explain in our hit-and-run guide. Families should not choose between these routes based on a guess about which one applies.
Questions New Yorkers ask us
Can you bring a claim when a government truck causes the crash?
Generally yes. Governments are not immune simply because the driver was on duty. What changes is the procedure and the deadline, and those are strict enough that they decide cases on their own.
How do you know which deadline applies to your crash?
Generally it comes down to who owned the vehicle and who employed the driver, which is not always obvious from the logo on the door. Contractors and leased fleets muddy it further, which is why it is worth confirming rather than assuming.
Not sure where you stand after a crash? Get your free case review or call (888) 208-0529. A real person answers, 24/7.
Reporting: CBS New York.
