Legal Question in Civil Litigation in New York

Car hit by postal truck

My car was parked on a residential street that is on a block behind the local post office. I came home one night to find my tire punctured and my entire front bumper ripped in half. As I was pondering what could've happened, a woman came out of her apartment and said she witnessed a large postal truck smash into my car that afternoon and drive off. She was not able to get a license plate or truck number.

I went to the post office and spoke to the manager. They are giving me the runaround saying without that information I have no proof, etc etc.

What are my options at this point? Can I take the USPS to small claims court? Is the one witness's testimony enough for me to have a case? Obviously even if I could find the driver, they wouldn't admit they did it and it would be his word against hers.

If I sued, who do I even sue? Do I need to know the actual driver or is it enough to just prove it was a postal truck to make the entire USPS at fault?

Not sure what my options are here.

Thanks


Asked on 9/24/07, 5:00 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Car hit by postal truck

First you need to make a claim under the Federal Tort claims Act in Federal Court. Before that there are procedures to file

a notice of claim to allow the government to investigate and settle. Ask the manager for forms to file a claim and if he won't cooperate consult an attorney.

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Answered on 9/25/07, 11:52 am


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