I need an assist to find PS 2146 (Tort Claim). My vehicle was damaged in the postal parking lot and I cannot find form PS 2146 or SF 95. I would prefer having this ready to hand into Manager (AO) than to ask her to print me one. Any one know where this can be found?
The proper form for an auto damage claim is SF 95 (2007). You can download detailed instructions from Joe Griffith Law Firm, LLC. If the damage exceeds your auto deductible, your auto insurance claims department may help you. It won’t raise your insurance rates, since you weren’t at fault. SF 95 is the exclusive remedy for auto damage claims by federal law. That’s why Article 27 excludes motor vehicles and the contents thereof.
Hi Charlene,
The USPS ELM states:
640 Employee Claims
642 Bargaining Unit Employees
Bargaining unit employees are covered by provisions of their collective bargaining agreement.
The APWU CBA states:
Article 27 Employee Claims
Subject to a $10 minimum, an employee may file a claim within fourteen (14) days of the date of loss or damage and be reimbursed for loss or damage to his/her personal property except for motor vehicles and the contents thereof taking into consideration depreciation where the loss or damage was suffered in connection with or incident to the employee’s employment while on duty or while on postal premises. The possession of the property must have been reasonable, or proper under the circumstances and the damage or loss must not have been caused in whole or in part by the negligent or wrongful act of the employee. Loss or damage will not be compensated when it resulted from normal wear and tear associated with day-to-day living and working conditions.
Claims should be documented, if possible, and submitted with recommendations by the Union steward to the Employer at the local level. The Employer will submit the claim, with the Employer’s and the steward’s recommendation, within 15 days, to the Area office for determination. The claim will be adjudicated within thirty (30) days after receipt at the Area office. An adverse determination on the claim may be appealed pursuant to the procedures for appealing an adverse decision in Step 3 of the grievance-arbitration procedure.
A decision letter denying a claim in whole or in part will include notification of the Union’s right to appeal the decision to arbitration under Article 15.
The Area office will provide to the Union’s Regional Representative a copy of the denial letter referenced above, the claim form, and all documentation submitted in connection with the claim.
The installation head or designee will provide a copy of the denial letter to the steward whose recommendation is part of the claim form.
The above procedure does not apply to privately owned motor vehicles and the contents thereof. For such claims, employees may utilize the procedures of the Federal Tort Claims Act in accordance with Part 250 of the Administrative Support Manual.
The procedure specified therein shall be the exclusive procedure for such claims, which shall not be subject to the grievance-arbitration procedure.
A tort claim may be filed on SF 95 which will be made available by the installation head, or designee.
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That all being said, here are links to the forms you asked for (I’m not sure if they are the latest versions):
– PS 2146 EMPLOYEE’S CLAIM FOR PERSONAL PROPERTY
– SF 95 CLAIM FOR DAMAGE, INJURY, OR DEATH