Receiving Compensation When You Are The Victim
Thus far, we have imagined that the employee is at fault for the collision. But what happens if another driver is to blame? Can you receive compensation if you were struck while driving your company car?
There is a simple answer: Yes. You can make a claim on that drivers insurance for things like the cost of medical care, lost wages, and pain and suffering. You should ask for the drivers insurance information at the scene of the accident and report the collision promptly.
However, if the other driver is uninsured, then you will need to look further afield to find sufficient compensation for your injuries. For example, you might qualify for workers compensation benefits. These are no-fault benefits that can pay for medical care and replace a portion of lost wages when a worker is injured in the course of work. Workers comp benefits are not ideal. Principally, they will not pay for pain and suffering, but they at least cover a portion of the financial losses.
You might also have an uninsured or underinsured motorist policy that covers the company car, especially if you drive this vehicle regularly.
In some cases, you might have a claim against your employer that provided you with the car. For example, they might have given you a defective car that malfunctions and leads to a crash. If the brakes fail soon after you get it, then you might claim that a defect is to blame.
I Havent Been Able To Work Since My Car Was Hit By A Truck Can I Get Compensation
If you are injured in an accident that was partly or wholly the other drivers fault, and you are unable to work as a result, you may be eligible to get compensated for lost wages.
There are several types of wage loss claims and conditions for filing. Lets explore what you need to know.
Types of lost income claims
Lost wages is the amount of income you would have earned for the time you were out of work following an auto accident. If you were in the hospital and physical therapy and were unable to work for two months, you would be entitled to receive two months worth of wages. If you used sick leave days or vacation time during your recovery, you are still entitled to your wages from that time period. This is because you were entitled to use those days at another time.
Lost earning capacity applies if the accident caused you to suffer a long-term disability that prevents you from earning as much as you used to. This includes disabilities that prevent you from working as many hours as you previously did or performing certain duties in your field. It also includes a disability that prevents you from working in your field ever again. If you are unable to work in your previous career again, you may be entitled to lost future wages.
Lost opportunities are career-related events or activities you missed because of your injuries, such as a job interview.
Filing for lost wages
In addition, you need to send a copy of the police report about the accident.
Criminal Actions & Vicarious Liability
Interestingly, there are limits to vicarious liability, even if an employee is allegedly acting in the normal scope of employment. For example, a person might be using a company car to travel to an overnight conference. In the evening, the employee drives to a bar and gets drunk. While driving back to the hotel, he slams into a car and injures people.
Here, the employer is probably not vicariously liable for the accident because the employee was more than merely negligenthe committed a crime. Whenever an employee commits a crime, then the employer usually can avoid vicarious liability.
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Contact Shine Lawyers We Know How To Right A Wrong
If in the course of your working day, either on your way to and from work or driving during your work day, if you are injured in a road accident you can claim for any serious injuries sustained through one of our expert workers compensation lawyers.
If you find yourself in a motor vehicle accident while driving a company car for personal reasons, you may be entitled to claim for your injuries under a motor vehicle compensation claim. Be sure to get in touch today, as strict time limitations apply.
Can You Sue Your Employer For An Accident While Driving For Work
If it is shown that your employer improperly maintained the vehicle, and knew the car was unsafe, your employer might be vulnerable to claims directly for negligence. A personal injury lawyer can give you legal advice and help ascertain if you have a valid accident claim for any injury sustained.
If you are involved in an accident and injured while driving a company car for work purposes and/or during work hours, you may be entitled to workers compensation benefits. You can file a claim to recover costs related to personal injuries, lost wages, pain and suffering, and other costs, just like any injured worker.
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Negligent Lending Of A Vehicle Theory
In negligent lending cases, you are liable because you let an employee use a company vehicle when you knew the employee was unfit to drive.
What can you do about employer liability for negligently lending a vehicle? To reduce your liability from negligent lending suits against you, you can:
- Obtain adequate insurance on all of your vehicles. Ask your insurance agent about any vehicle safety programs he or she can recommend.
- Be sure that any employees who use your vehicles have all licenses and permits required to operate the vehicles that they use. You should keep this documentation on file, but in a file that is separate from other personnel records. , may take a dim view of employers who keep photocopies of picture ID’s like driver’s licenses in personnel files. This is because they can be used to identify a person’s race, sex, and age and, theoretically at least, facilitate unlawful discrimination.)
- Draft and enforce vehicle policies that alert you when an employee is not fit to drive. However, be careful about having employees tell you about such things unless you are prepared to have someone drive in their place. The worst thing you can do is let an employee take the wheel after that employee has specifically told you that he or she unfit to drive.
Terminated After Auto Accident
In California, employment is at-will. This means that you can be fired at any point by your employer, for any reason at all. This can be as simple as he does not think you have the potential to grow at the company. You simply cannot be fired in retaliation for actions you took or due to discrimination for one of your character traits. On the flip side, you can leave your job at any point for any reason, so long as you are not violating a contract. It is important that you identify the cause of your termination if you were in a car accident and ended up getting fired for it, you will need to sufficiently examine the circumstance and the scenario to come up with a solution. You may have been wrongfully terminated, which could lead to a lawsuit. Our law firm, the California Labor Law Employment Attorneys Group, promises to do everything to win you the damages you deserve if you were wrongfully terminated after an auto accident.
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What To Do If You Were Wrongfully Terminated Because Of Your Mental Disability
If you believe that your employer wrongfully terminated you and violated your rights under the ADA, you may have the grounds to file a lawsuit against your employer. There is a process that you must follow in order to file a claim and get what you are entitled for discrimination termination. What is this procedure and what do you stand to win if you win the case?
How to File a Discrimination Charge: Before you slap a lawsuit on your employers desk and order that your demands be met, know that you must follow the proper procedure. You have to file an administrative charge of discrimination with a government agency, like the Equal Employment Opportunity Commission The EEOC is a federal agency that enforces the ADA. There exist state government agencies which also enforce the ADA, and if your state does, then you can file your claim with your states government agency. You have either 180 or 300 days to file the charge to the government agency against your employer. In the state of California, you have 300 days from the date you believe you were discriminated against to file the charge.
A qualified attorney can skip this procedure and request the letter immediately, if you are ready to sue right away. It is important to note, however, that you only have 90 days after you receive this letter to file the lawsuit against your employer. It is recommended that you only request this letter once you and your legal team are fully ready to proceed.
Going On A Frolic During Business Hours Think Again
Considering taking your employer’s truck out for a spin, maybe after work or even during your shift, but not for any work-related purpose? Think again. An employee who decides to do their personal errands while on company time and causes an accident might not be protected from personal liability either. Known as a “frolic” in some jurisdictions, it doesnât matter if the employee is doing this on company time or not. The employee is acting in his or her own personal capacity and not at the instruction of their employer. Here again, the employer may not be legally required to pay for any damages or injuries the employee causes as a result of a non-work sanctioned activity or a frolic.
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Many Personal Insurance Policies Wont Cover Commercial Driving
Many restaurants and delivery services ask for proof of insurance from their drivers. Unfortunately, most personal insurance policies will deny coverage for accidents that occur while a driver is working. This means that the delivery drivers policy probably wont cover your losses.
And because delivery drivers dont make a lot of money, most cant afford extra coverage. Others dont even know its available. When a pizza delivery driver does not have coverage for a crash, youll either have to try and collect against the low-income worker or look for alternate insurance coverage, like the kind a delivery drivers employer may have.
Important Terms In Accident Claims
When it comes to car accidents, it helps to understand some common terms used by attorneys and insurance companies.
Negligence happens when a vehicle operator fails to act responsibly or does something no reasonable driver would do. For example, driving the wrong way on a one-way street.
Liability simply means responsibility. The at-fault driver or vehicle owner is usually liable for the accident victims damages.
Damages for car accident victims can include property damage, medical bills, therapy and rehab costs, related out-of-pocket expenses, replacement services, consortium claims, lost wages, and pain and suffering.
Third-party is the term used for individuals or businesses other than you and your employer. If you cause an accident while driving the company car, the occupants of the other car who ask for money are third-party claimants.
Accidents happen to the best of drivers. If youve been in a car accident during work, its normal to be upset and anxious, especially if other people were badly injured.
You may be technically at fault for the car crash, but you still deserve protection. If you have any worries that your employers insurance company is throwing you under the bus, contact a personal injury attorney for legal advice.
If you were injured in an accident while driving the company car, and your workers compensation claim was denied, contact a workers compensation attorney.
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Getting More Information And Legal Help
For more tips on filing a claim for injuries after a car accident, and in-depth information on what to expect at every step in your case, get How to Win Your Personal Injury Claim by Joseph L. Matthews . And if you’re thinking about filing a lawsuit after a car accident, you may want to consider talking with a personal injury attorney to make sure that all your legal bases are covered and your rights are protected.
You May Be Able To File An Insurance Claim Against The Restaurant Or Delivery Service
If the driver is an employee of a restaurant or other business, you may be able to file a claim against the company. Employers are typically responsible for their employees negligence when it occurs during the course of their employment. In legal terms, this is knowns as vicarious liability.
Your car accident attorney will need to carefully examine the business insurance policies. While some large franchises and restaurants have robust coverage, others purchase minimal policies or dont cover their drivers at all.
Additionally, many delivery drivers are independent contractors. In these cases, you might have a more challenging time filing claims. Typically, a company isnt liable for an independent contractors negligence, although exceptions do exist.
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S To Take When You Crash A Company Vehicle
If you drive a company vehicle, its important to know what happens in the event of anon-the-job collision.
Car crashes are often complicated. In addition to dealing with insurance and determining which driver was at fault, there may be injuries to recover from.
Figuring out who foots the bill and carries the responsibility for a company vehicle crash will often have long-term repercussions, so its good to learn what will happen and how it can affect you.
Who Is Liable For Damages If Youre Involved In A Car Accident While Driving For Work
In most instances, the driver who is at fault for a car accident is liable for any damages caused by the collision. However, determining liability often becomes more complicated when the car accident is caused by someone who is driving for work or operating a company vehicle. In these situations, the following questions may arise:
- Who is responsible for damages caused by the accident?
- Whose insurance company is responsible for paying out any settlements?
- Are there any other special benefits available, such as workers compensation?
- What role does negligence play in determining liability?
Its important to work with an experienced car accident lawyer who understands how Ontario laws apply to these cases. Findlay Personal Injury Lawyers will evaluate the circumstances around your accident to determine if you are entitled to compensation and the best way to pursue it.
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Injuries Caused By The Negligence Of A Third Party Driver
If youre injured in a car accident caused by the negligence of another driver while operating a company vehicle or performing a work-related task, you may have two potential avenues to pursue compensation.
You may be eligible for workers compensation benefits since the accident occurred while driving for work. In addition, you may be able to pursue compensation from the negligent driver as part of a car accident lawsuit.
Workers compensation will usually cover only a portion of lost wages and will not cover pain and suffering damages. By filing a lawsuit against the negligent driver, you can potentially receive compensation for the remainder of your lost wages as well as for pain and suffering, which will help you maximize the value of your damage award.
Can A Person Be Fired For Getting Into A Car Accident While Working And Will She Be Personally Responsible For A Claim
- Posted on Feb 11, 2013
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
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What If An Employee On The Clock Driving A Work Vehicle Gets In An Accident And Is Seriously Injured
If you are seriously injured behind the wheel of a company car due to an accident, and the contract is in force, the car counts as an extension of the workplace and you may be able to file for workers compensation, just as you would if you were injured performing any other function in your employers workplace.
A serious injury can mean multiple claims, against a third party if they are at fault, under the motor vehicle accident scheme, and under the workers compensation scheme. When you are involved in a car accident while driving for work, it is vital to seek legal advice as soon as possible. You may be entitled to compensation. Your employer should also not be able to fire you simply for being in a car accident in a company car, unless you were acting in a way that broke your contract and put your employer at risk. If youve been unjustly dismissed, you may have further claims.
Even if you are in financial straits, you can still contact Gerard Malouf & Partners we are committed to the no-win, no-fee policy, and provide a written commitment that we will reduce our legal fees if you are not happy with the result of your compensation claim. Contact us about your driving for work accident claim today.