I had a car accident, my car, while running an errand for my boss/company are they liable? 27 Answers as of April 30, 2013

I was asked to go to tag office and get a tag for a trailer that our company purchased. Another driver went through a red light and hit me; I am hurt, and the insurance company thinks my car is totaled. What are my company's liabilities for what happened to me?

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Law Office of Diane Goldman
Law Office of Diane Goldman | Diane Goldman
Thanks for your question. You have two options. You can make a worker's compensation claim for your injuries (which would involve limited damages being available), or you can make a claim on your own against the other driver (assuming he/she had insurance; or against your own insurance company if you have uninsured motorist coverage). Is your concern mostly the car repair, or do you also have physical injuries?
Answer Applies to: California
Replied: 4/30/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Since you got hurt "on the job," then you are entitled to worker's compensation benefits. Since the accident arose from a motor vehicle accident, then you get benefits for that, including the ability to sue the other driver for pain and suffering as well as other benefits.
Answer Applies to: Michigan
Replied: 4/29/2013
Curry, Roby & Mulvey Co., LLC
Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
Your employer would not have any liability toward you besides perhaps a worker's compensation claim. The other driver would also have liability in the case.
Answer Applies to: Ohio
Replied: 4/29/2013
Quinn Law Group, LLC
Quinn Law Group, LLC | Sean E. Quinn
You have at least two potential claims based upon the information provided. First, you should have a workers compensation claim against your employer since you were in the course and scope of your employment at the time of the crash. Workers compensation only covers medical expenses and a portion of your average weekly wages though. It does not cover pain and suffering. Second, assuming the other driver is at fault, there is a potential third party claim to be brought against the other driver (and his insurance carrier) for your damages. Unlike workers compensation, you are not limited to only medical expenses and a portion of your wages, you can potentially recover non-economic damages for pain and suffering as well as other economic damages (ie. Lost wages). If the other driver does not have insurance, you could make a claim against the insurance carrier providing coverage for the vehicle you were driving for UM coverage. UM means uninsured coverage ? coverage that protects you in the event the other driver is uninsured. If the other driver has insurance, but the coverage limits are insufficient, you could potentially access UIM coverage on your vehicle's policy. UIM means under insured coverage that protects you if the other driver has too little coverage. I would recommend that you contact an experience attorney now to review your potential claim. If I can be of assistance, please contact me.
Answer Applies to: Pennsylvania
Replied: 4/29/2013
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
I'm not entirely sure I understand the facts, but I'm going to give it a shot. Whoever ran through the red light and hit you is liable. If you were on the job, you may also have a comp claim if you were injured. Unless the driver that ran the red light was a co-employee, your company would have no liability to you other than comp. You probably should consult an accident lawyer.
Answer Applies to: Alabama
Replied: 4/26/2013
    Andrews & Sanders Law Office
    Andrews & Sanders Law Office | Richard A Sanders Jr
    If you were working at the time of the accident then you could have a claim for workers compensation- a type of insurance your company provides for an employee's injuries that occur during work. If the accident was not your fault then you also have a claim against the at fault party. It is possible for you to receive benefits from both. But, you need to discuss the specific with an attorney. Many attorneys will handle these types of cases on a contingency fee basis.
    Answer Applies to: Georgia
    Replied: 4/26/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You have a worker comp case against your boss and a good liability case against the other driver
    Answer Applies to: North Carolina
    Replied: 4/26/2013
    LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
    You need to file a claim under worker's compensation. You will be entitled to ongoing treatment and a settlement for permanent disability and future medical treatment.
    Answer Applies to: California
    Replied: 4/25/2013
    Lydy & Moan | C. Gary Wilson
    First, go against the wrongdoers insurance. If insufficient, then against your own if your have sufficient underinsured. Let your insurance potentially pursue your employer if need additional coverage. If you suffered little or not personal injury, it should be easily covered.
    Answer Applies to: Ohio
    Replied: 4/26/2013
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    They could be subject a work comp claim but you might want to keep this as a 3rd party claim vs the person who ran the light.
    Answer Applies to: Oregon
    Replied: 4/26/2013
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    You have 4 potential causes of action: 1.) You have a WC claim - this will pay all your medical bills and a portion of your wages while you cannot work as well as a settlement for permanent injury to your body, once you are healed 2.) You have a claim against the driver who hit you to replace your car and for your pain and suffering (not covered under WC). If you do not wish to pursue this claim, you MUST give your employer permission to pursue it for you or they can penalize you. 3.) If your injuries merit and if you have underinsurance on your own policy, you have an underinsurance claim on your policy 4.) If your injuries merit and if you have underinsurance on your own policy, you have an underinsurance claim on your employer's commercial policy Many experienced personal injury attorneys would find this challenging, it is impossible for you to navigate without an attorney. Ideally you want to hire an attorney who could handle ALL of the above claims because they MUST be coordinated.
    Answer Applies to: Illinois
    Replied: 4/26/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Your losses and companies liability are most probably limited to a workman's comp claim as you are injured on the job. In Michigan, your damages to your automobile and medical should be covered by your no-fault insurance.
    Answer Applies to: Michigan
    Replied: 4/26/2013
    Law Offices of George H. Shers | George H. Shers
    You are entitled to Workers' Compensation benefits as you were running an errand for your boss and work. That means they must pay for all medical care, partial employment pay while you can not work, and payment for any permanent injury decreasing our ability to work in the general labor force. You an also sue the third party for the same damages but your employer will be entitled to reimbursement of what they spent, but that does not include your pain and suffering.
    Answer Applies to: California
    Replied: 4/26/2013
    John Russo | John Russo
    Well I guess if you don't want to work there any longer you could possibly have a claim against them under workman's comp. But what is your attorney telling you on this issue, and don't you don't have one that is the first thing you should have done, if you don't you will get eaten alive. The attorney receives nothing unless you do and you will receive much more with than without., and stop talking to the insurance company before you really screw everything up.
    Answer Applies to: Rhode Island
    Replied: 4/25/2013
    The Grady B. Martin Law Office | Grady B. Martin
    If you are injured, you should file a workers' compensation claim.
    Answer Applies to: Washington
    Replied: 4/25/2013
    David P. Slater, esq.
    David P. Slater, esq. | David P. Slater
    Apply for WC benefits.
    Answer Applies to: Florida
    Replied: 4/25/2013
    Law Office of Steve Leydiker
    Law Office of Steve Leydiker | Steve Leydiker
    The company is not liable - the driver who ran the red light is. Had you been at fault, your company could be held responsible under an agency theory. The other driver's insurer should pay for your car, any medical expenses related to the accident (past and future), for your pain and suffering, and any lost wages (past and future).
    Answer Applies to: California
    Replied: 4/25/2013
    Stephens Gourley & Bywater | David A. Stephens
    If you are an employee, worker compensation will cover your injuries. The other driver will also be liable for your injuries and the damage to your car.
    Answer Applies to: Nevada
    Replied: 4/25/2013
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    You employer is likely required to assist you under workers compensation. Additionally, you have a claim against the at-fault party and his/her insurance company.
    Answer Applies to: Louisiana
    Replied: 4/25/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    You would be covered by workers compensation.
    Answer Applies to: Florida
    Replied: 4/25/2013
    Gregory S. Shurman, LLC
    Gregory S. Shurman, LLC | Gregory S Shurman
    You have two potential claims: a workers' comp claim against your employer and a civil claim against the driver who caused the collision. Some attorneys, like myself, are able to handle both claims for you.
    Answer Applies to: Georgia
    Replied: 4/25/2013
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    Because you were on the job, worker's compensation will pay your medical bills as well as time out of work. You may also have a claim for pain and suffering against the at fault party.
    Answer Applies to: Massachusetts
    Replied: 4/25/2013
    Gates' Law, PLLC | Thomas E. Gates
    If your were performing a job function within the scope of your normal duties and, there was no other vehicle available, your employer may be responsible for the damage. However, since the other driver ran the red light, that individual is the liable party. If they lacked insurance, your company's policy holder should sue for damages.
    Answer Applies to: Washington
    Replied: 4/25/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Yes, you have a worker's compensation claim and a claim against the person that hit you. there may be other coverage's exposed as well. ie. medical payments coverage on the vehicle.
    Answer Applies to: Virginia
    Replied: 4/25/2013
    workerscomp.tv
    workerscomp.tv | Terrence A. Valko
    Hope you get better. You have two cases: One is workers' comp versus your employer's insurance carrier. Second case is against the negligent driver under the MVFRA. Get treated medically and then schedule an office visit with at least one lawyer.
    Answer Applies to: Pennsylvania
    Replied: 4/25/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    The other driver was at fault and is liable for the damages to your vehicle, and the treatment provided to you for any injuries, if any, you may have sustained.
    Answer Applies to: Oklahoma
    Replied: 4/25/2013
    Kram & Wooster, P.S. | Richard H. Wooster
    You have a worker's compensation claim against your company for any injury. You also have a private right of action against the at fault driver, but the worker's comp system has a subrogation claim too. Your insurance covers the damage to your vehicle. Your employer may have a moral obligation to pay your deductible, but not a legal obligation.
    Answer Applies to: Washington
    Replied: 4/25/2013
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