Man I got into an accident not even a week ago. I was hit by a state employee while I was out on a delivery. My car was totalled and I havent been able to drive/work should I be covered for my lost wages? It actually wasn't my fault. I'm wondering what is going to happen? Should I hire an attorney to figure this all out or just wait to talk to the company's lawyer and see what he can offer me? I'm confused, don't really have any guidance and kind of need help in working this out. Can anyone help me, or further explain this in detail? I am more than willing to listen. Please feel free to send a message or ask my AIM or email. Thaaanks.
2006-12-29 12:50:21 · 11 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
Just to clear things up.. I'm in Texas, I was not at fault, and there were no injuries. So to my understanding, the persons at fault should cover my car. And considering my car is broken and I cant work, because I was on the job, I should be covered for workmans compensation? Even if Im not injured.. correct?? Its a confusing subject..
2006-12-29 13:02:05 · update #1
Workman's Compensation is only for work-related injuries and lost wages due to injuries.
The at-fault party/carrier would owe reasonable rental car expense until your total loss offer is made if this car was yours, not your lost wages because you chose to take the easier path of just not going to work.
If you're going through the other company and they are still investigating the loss it's YOUR obligation to mitigate your damages, rent a car at your own expense, get back to work, and submit the rental bill for reimbursement to the at-fault carrier. Or, get rides, borrow a car, take the bus, whatever you need to do to get to work... keep notes about what you do and when you do it. If you don't have a vehicle and the accident happened during work, your job should find something else for you to do temporarily until your car is fixed.
If it's your car and you carry collision, get your company moving! Let them settle and pursue the other party. See if you purchased rental coverage on your policy.
If the car you were driving belonged to your company, they should be providing you another car to deliver with, so I'm assuming this is your car.
If your car and you don't have your own coverage, you need to call the other person's insurance company and find out what's going on. If it's a 'state employee' they're likely self-insured. Get the police report and find out who you need to talk to.
You really have to start making some phone calls and take some ownership of the process; if it turns out they have municipal immunity (which some government agencies have) they might not cover ANYTHING and you'll really be out of luck the longer you wait!
2006-12-30 01:12:24 · answer #1 · answered by ohso_quiet 4 · 0⤊ 0⤋
Having been in this situation. Workers comp will take care of all your medical bills and lost wages. For lost wages it doenst kick in untill your out atleast 2 weeks (you get paid from that point till when you go back). I am in NY so im not sure if other states differ on time you have to be out b4 you start getting payed. also If you were not at fault the other persons insurance should cover your car.
2006-12-29 12:58:02 · answer #2 · answered by sicmaggotmfkr 2 · 0⤊ 0⤋
Depends on the state, however the employer if a good one, like myself. They should have paid you during your time in the ER, hospital, or clinic. The only responsibility they are required to perform is your disability pay. This will only be a portion of your regular earnings. If your want reimbursement for lost wages your best and possibly only avenue will be from a lawsuit filed against the state. Which has a good possibility of being settled out of court, depending on the injuries incurred and reality of the accident.
2006-12-29 12:58:01 · answer #3 · answered by vanya_jbriere 2 · 0⤊ 0⤋
in certainty that the gas employer motive force grow to be using a gas employer vehicle which led to an injury twist of destiny. Get a replica of the twist of destiny rfile from the police branch that wrote the twist of destiny. In that twist of destiny rfile, it truly is going to state what the different motive force did illegally (working the purple gentle) and instruct no be counted if or no longer he have been given a citation. it truly is going to additionally state what the witness observed and state what they witnessed. i might additionally persist with-up with that categorical police officer if the different motive force did no longer get a citation. some (no longer ALL) police departments have it of their frequent working tactics (SOP) that at each investigated twist of destiny, a citation would be issued and if an at fault motive force can not be desperate then the two events might get a citation and it would then be ironed out in interior reach District court docket.
2016-10-28 16:33:40 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Talk to a lawyer. If it was the state's fault you should be able to get some bread, especially if your neck starts hurt all of a sudden.
2006-12-29 13:04:20 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Hire an Attorney!
2006-12-29 12:57:54 · answer #6 · answered by Rembrandt 2 · 0⤊ 1⤋
Yes, discuss this promptly with your employer's attorney.He will tell you what your chances are of winning. And he will tell you what your employer will pay also. If you do not like his answers, hire your own lawyer, but ask him up front about his fees.
2006-12-29 13:04:45 · answer #7 · answered by ? 6 · 0⤊ 1⤋
THE LAWYERS COMPANY IS OUT FOR THE COMPANY, NOT FOR YOU
THIS IS A WORKMAN COMP CASE
GET AN ATTORNEY
2006-12-29 12:58:21 · answer #8 · answered by Anonymous · 0⤊ 1⤋
yes and sue the state get a lawyer
2006-12-31 13:07:49 · answer #9 · answered by jerry 7 · 0⤊ 1⤋
as long as you were on the clock you should recieve workmans compensation. i would look into it if i were you
2006-12-29 12:55:29 · answer #10 · answered by Anonymous · 0⤊ 1⤋