How can I file for reconsideration against the post officer? 13 Answers as of October 25, 2013

I was riding my bike from school and got hit by a post officer. He was at a stop sign and wasn't paying attention. I stopped and waited for him to go, but he took his seat belt off and started looking for something, so I went. I was technically off the sidewalk and on the crosswalk (no crosswalk lines, though) when he hit me. I filed a claim that the post office denied because they said that the sidewalk I was on wasn't wide enough for a bike to be ridden on. I was taken off in an ambulance and now they won't pay any of my medical bills. I talked to a police officer and he said that with the road I was on, the sidewalk was the safest place for me to be riding. The postal worker who ran me over also has 2 failure to yields in another city. Is there anything I can say to make them change their mind? Anything about safety, the driver, or the fact that when he hit me I was in the crosswalk area between sidewalks?

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Candiano Law Office
Candiano Law Office | Charles J. Candiano
Hire a personal injury attorney ASAP.
Answer Applies to: Illinois
Replied: 10/25/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
You can try explaining, again, your view of the situation, but the result is likely to be the same. Do you seriously believe the lawyer who wrote the denial did not understand that USPS is liable for your damages? This is how most federal, state, and municipal agencies play the game: you file a claim; they deny it under some pretext that makes the denial look legitimate, sit back and watch whether you are going to sue. If the next letter comes from your attorney, they will start calculating what is more cost-effective - to go to court or to settle. When their liability is as clear as in this case, the agency will likely try to settle. If you continue talking to them as if you were dealing with reasonable, decent human beings, they will continue denying your claim - until the statute of limitations runs, and you lose the right to sue. By the way, if the prospect of paying attorney's fees holds you back from obtaining representation, you might want to know that, in this kind of cases, attorney does not get paid until you win the case, and your attorney's fees are often awarded to the plaintiff by the court (which means that the defendant gets to foot your attorney's bill).
Answer Applies to: New York
Replied: 10/25/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Get a lawyer. That is the lamest excuse I ever heard. You do not need a license to ride a bike, but the driver of the postal truck needs a license to drive on the public road. You were there to be seen, and he MUST yield to you. If you did not run into him, and he ran into you, then it is his fault. Get a lawyer and sue them.
Answer Applies to: Michigan
Replied: 10/25/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
Under Ca law, one must file a governmental claim within six months. When the claim is denied (or deemed denied) one has a very short period of time within which to file suit. Don't waste time trying to get a reconsideration file suit if you are still within the time limits.
Answer Applies to: California
Replied: 10/24/2013
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
You have not specified the status of your claim. The next step after they're denial is to get an attorney and file suit. That may change their mind towards settlement or a jury may have to do that for them.
Answer Applies to: Connecticut
Replied: 10/24/2013
    Pete Leehey Law Firm, P.C.
    Pete Leehey Law Firm, P.C. | Pete Leehey
    I'm afraid the only way you're going to make any headway with a claim like this is to hire an experienced personal injury lawyer. I wish you the best of luck.
    Answer Applies to: Iowa
    Replied: 10/24/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney and possibly file suit for your damages.
    Answer Applies to: Michigan
    Replied: 10/24/2013
    Hobbs Law Group
    Hobbs Law Group | Kristin E. Hobbs
    You should get a personal injury attorney to fight it for you. If you are in California, you only have 6 months to file a claim against a government entity and then only 6 months to file a lawsuit from the date they deny the claim, if it is denied. This time goes by incredibly fast so you need to act quickly to preserve your claim. Depending on what state and city you are in, there are different statutes and codes relative to bike riders. Many require a bicyclist to operate in the same manner as a car, however there are exceptions and, most importantly, even if you were operating in a manner than violates a statute, code or ordinance, that does not, by law, bar your recovery. It may reduce it because you may have contributed to your injuries, but it will not act as a total ban unless your jurisdiction does not recognize contributory negligence. Most personal injury attorneys work on a contingency basis and offer free consultations so there is no need to wait.
    Answer Applies to: California
    Replied: 10/24/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    File a claim under the Federal Tort Claims Act if you have not already done so.
    Answer Applies to: New York
    Replied: 10/24/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If you have been seriously injured you should contact an attorney to discuss the possibility of bringing a lawsuit against the postal service. Your bills should be covered under no fault if the incident occurred in New York.
    Answer Applies to: New York
    Replied: 10/24/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You did not say extent of injury. Apparently not much. You seem more intent on winning the argument than paying for injury. In NC you should be protected as a pedestrian but I truly don't know whether that applies to bikes. Maybe not see a lawyer if you have genuine injury.
    Answer Applies to: North Carolina
    Replied: 10/24/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    Cross walks in Washington can be either "marked" or "unmarked" , and if you were in an unmarked cross walk, then the USPS driver had the duty to yield the right of way to you.
    Answer Applies to: Washington
    Replied: 10/24/2013
    Padove Law | Burton A. Padove
    Contact a local injury lawyer and discuss your case fully.
    Answer Applies to: Indiana
    Replied: 10/24/2013
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