Q: I was recently injured in a car accident with a uniformed Border Patrol Agent, who rear-ended the car I was driving.  Who do I sue?

A: Assuming the Border Patrol Agent was on duty at the time of the accident, you would not sue anyone right away.  Federal law requires that you first file an administrative claim for damages with the Federal agency that employs the driver who hit you, in this case the U. S. Border Patrol.  You can obtain a claim form (SF 95) from the agency, or from the Office of the United States Attorney, fill it out completely, sign it, and submit it to the Border Patrol, within two (2) years of the accident.  If the agency fails to settle the claim within 6 months of submission, you may then sue the United States of America in Federal District Court.  If the agency denies your claim, in writing, before the 6 months is up, you must file your lawsuit in District Court within 6 months of the mailing of the written denial. 
 

Q: I got a copy of the administrative claim form, but I'm not sure how to fill it out.  What is the minimum essential information required?

A: The form can be a bit confusing, so the best advice might be to consult a lawyer experienced in handling such claims right at the start.  (The lawyer's fee is limited to 20% of your recovery, if you are able to settle with the Federal agency without having to file suit.)  If you wish to file the claim on your own, you need to make sure you accurately identify yourself as the claimant, give a general description of the personal injuries you suffered and the property damage that you incurred, and set down a separate amount of money for each, and then total those amounts in the block provided.  The amount for personal injuries should include both your medical expenses, your past and future lost wages, if any, any other related actual damages, and a realistic amount for your past and future pain and suffering.  (If you later have to file suit, your maximum judgment award will be limited by the amount you have stated in your administrative claim form.)  Also, you cannot insert "in an amount to be determined," or some such wording.  The law requires you to state a "sum certain" (a specific amount of money) in the claim form, or your lawsuit could be dismissed.  Finally, you, as the claimant, must sign the claim form in the block provided, and submit it to the Federal agency in such a manner that it is received by the agency within two years of the accident.  (Mailing it in on the last day usually won't cut it.) 
 

Q: I forgot to mention that my cousin Jack was riding in the front seat of my car at the time of the accident, and he was injured, too.  Can I include his damages in my claim form?

A: No.  Jack will have to file his own separate administrative claim, and separately state his personal injuries and specific amounts of damages for personal injury and property damage, if any.  He will also have to sign his own claim form. 
 

Q: I forgot to tell you that at the time of the accident, the Border Patrol Agent was driving his own car and told me he was sorry he hit me, but was in a hurry because he was late for work.  He gave me his auto insurance information as well as his phone number at work, in case his insurance company was not able to settle the matter with me.  Should I still file a damage claim with the U. S. Border Patrol?

A: In that case, the Border Patrol Agent would probably not be found to have been on duty at the time of the accident, and the U. S. Border Patrol would not be legally responsible for his negligent driving.  So, you should treat the matter like any auto accident involving a private party, and make a claim to the agent's insurance company.  Keep in mind, however, that there is no administrative claims procedure to follow, and you will only have two (2) years from the date of the accident within which to file a lawsuit against the Agent in State court, if you (or your attorney) are unable to reach a settlement with his insurance company.  (The 2-year Statute of Limitations period applies assuming the accident occurred here in California.  In other States, it could be more or less time than that.)  Here, again, you would be best advised to consult an attorney experienced in such matters at the earliest opportunity. 

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