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USPS Tort Claims: How the SF-95 Process Works

How USPS's National Tort Claims process actually works: Standard Form 95, the six-month review, denial, and what happens if you disagree with the offer.

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Every USPS vehicle accident claim runs through the same federal process, whether the damage is a dented bumper or a catastrophic injury. Understanding the sequence — and where the agency's incentives sit at each step — is the difference between negotiating from strength and negotiating blind.

Step 1: The Claim Has to Be "Received," Not Just Sent

Under 28 C.F.R. § 14.2(a), a claim is only presented once the agency actually receives an executed SF-95 (or other written notice of the accident) stating a sum certain. Mailing it the day before your two-year deadline and having it arrive late does not preserve your claim. See the full deadline rules →

Step 2: The Sum Certain — A Number You Can't Easily Change Later

Every SF-95 requires a specific dollar figure, not an open-ended claim. Set it too low, based on early medical bills before you know the full course of treatment, and you may be stuck near that number even if your damages grow substantially. There are narrow exceptions for newly discovered evidence, but they are not a substitute for getting the number right the first time — which requires understanding your damages before you file, not after.

Step 3: USPS Investigates Its Own Driver

The claim goes to a tort claims adjuster, who reviews the accident report USPS's own driver filed, any internal investigation, police reports, and your medical records. This is not a neutral third-party review — it's the agency evaluating a claim against itself, with six months to do it (28 U.S.C. § 2675(a)).

Step 4: Denial, Silence, or Settlement

Three things can happen at the end of the six-month window:

  • Settlement. The claim resolves administratively — no lawsuit required.
  • Denial. You receive written notice, and a new six-month clock starts for filing suit in federal court (28 U.S.C. § 2401(b)).
  • No response. After six months of silence, you may elect to treat the claim as denied and proceed to court, or continue to wait if negotiations are still active.

Step 5: Federal Court, If It Comes to That

An FTCA lawsuit is filed in U.S. District Court, tried before a judge with no jury (28 U.S.C. § 2402), applying your state's negligence law to decide fault and damages (28 U.S.C. § 1346(b)). Litigation reopens the case to formal discovery — depositions, document requests, and expert testimony — tools that are simply not available during the administrative stage.

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Frequently Asked Questions

Where do I file a tort claim against USPS?

USPS accident and property-damage tort claims are handled by the Postal Service's national tort claims program, which investigates and adjusts claims arising out of USPS operations, including vehicle accidents. Because the correct intake office and mailing procedure can change, and because a claim only 'counts' as filed once it is actually received (28 C.F.R. § 14.2(a)), we handle the filing directly for our clients rather than relying on a published address that may be out of date.

What has to be in a Standard Form 95?

A complete SF-95 identifies the claimant, describes the accident with enough specificity to investigate it, describes the injuries or property damage, and states a 'sum certain' — a specific dollar amount claimed, not a range or an estimate to be determined later. A sum certain set too low can cap your eventual recovery even if your damages turn out to be far higher; omitting one can invalidate the claim entirely.

How long does USPS have to respond to my claim?

Six months from the date the claim is received (28 U.S.C. § 2675(a)). During that window, USPS may investigate, request additional records, make a settlement offer, deny the claim outright, or simply not respond. If six months pass with no final action, you may treat that silence as a denial and proceed to federal court, though you are not required to do so immediately — you can wait for an actual decision if settlement talks are progressing.

What happens if USPS denies my claim?

You receive a written denial, typically by certified mail. From that date, you have exactly six months to file a lawsuit in U.S. District Court under 28 U.S.C. § 2401(b) — miss that window and the claim is permanently barred, with no exceptions for a good excuse. There is no appeal within USPS; the only recourse after denial is federal litigation.

Can I negotiate directly with the USPS claims adjuster?

You can, but you're negotiating against someone whose job is to close files for as little as the file supports, using USPS's own investigation, USPS's own accident report, and USPS's own view of comparative fault. Nothing requires you to accept, or even respond to, an early settlement offer — and doing so before you know the full extent of your medical treatment and lost income is one of the most common reasons unrepresented claims settle for less than they're worth.

Does filing an SF-95 mean I've started a lawsuit?

No. The SF-95 is an administrative claim to the agency, not a court filing. It is a mandatory prerequisite — you cannot sue the United States under the FTCA without first exhausting this administrative step (28 U.S.C. § 2675(a)) — but it is handled entirely outside the court system unless and until it's denied or the six-month window lapses.

Explore USPS & Federal Vehicle Accident Claims

Every topic below covers a different part of filing an FTCA claim after a federal vehicle accident.

Hit by a USPS Truck
The first 7 things to do after a collision with a mail truck, LLV, or NGDV — and why the evidence disappears faster than in a normal car accident.
USPS Contractor vs. Employee Trucks
Not every truck with an eagle on the side is driven by a federal employee. Why that distinction can decide whether the FTCA applies to your case at all.
Government Vehicle Accidents (Beyond USPS)
GSA fleet cars, military convoys, Border Patrol trucks, VA shuttle vans — the FTCA covers collisions with federal vehicles well beyond the mail truck.
USPS Accident Deadlines
The two-year SF-95 deadline, the six-month litigation window after a denial, and the state-law discovery-rule wrinkles that can move either date.
What Affects Settlement Value
No two mail-truck cases are priced the same. The liability, injury, and venue factors that actually move the number — without a promised figure.
Fatal USPS Vehicle Accidents
Who has standing to bring a wrongful death claim against the government, how the FTCA treats survivors' damages, and why these claims move on a compressed timeline.
Can You Sue USPS for a Car Accident?
Yes — and the one-sentence reason people wrongly assume otherwise: a federal statute that bars mail-loss claims, not vehicle-collision claims.
USPS vs. Amazon, FedEx & UPS Accidents
The eagle logo means federal. The Amazon smile, FedEx, and UPS logos don't. Why the same intersection can produce a federal claim or an ordinary one depending on which truck hit you.
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