Can I sue the Company?

Question

I was in a wreck, with a 18 wheeler I was almoat dead. I got a lawyer, and they are not wanting to pay because I was only hurt 4 months. the lawyer is only going after the insurance company. But I would also like the 18 wheelers company to pay for what happened if they do not get any thing done to them how will they learn there lesson. So after the law suit can I then turn around and sue the company in a civil case ? Please Help

Answer 1

Your attorney probably went after the company first but the insurance comapny has to step in the companies shoes (meaning they are acting as the compnay) to defend the claim. that means you will NOT be able to sue the company after there is a settlement reached or the case is disposed. The insurance company will require the other company to either pay it back (if they were in teh wrong) or will drop their policy.

Answer 2

In actuality, you are suing the company already. However, the company is insured against lawsuits of this type, and all defense costs and payment of any settlement or award will be covered by the insurance. So the answer is "No" - you will not be able to sue the 18 wheeler company after resolution with the insurance carrier.

Interestingly, lawyers can not tell the jury that the company is insured for the loss, because courts have held that such information is far too prejudicial against the insurance carriers. The argument is that if people knew for sure that any award would not cost the company a single dime, every jury would make awards in favor of the injured party.

The truth, however, is that everyone knows that companies are insured, and that the insurance carriers are footing the bill for all of the defense costs and the eventual award, if any. This is why we constantly read about insurance fraud and how it affects our rates. Insurance companies place these stories because they want every juror in America to be afraid that if they give the injured parson a few bucks, their rates will go up. It is a fallacy ancouraged by the insurance industry, to deprive injured people such as yourself of fair compensation for your injuries.

In rare bouts of honesty, though, several CEO's of major carriers have admitted that the only reason your rates go up is because the companies and their shareholders want more $$. Trillions is not enough. Corporate greed, once again.

A little off topic but I hope this helps.

Answer 3

Insurance is to protect an individual or company from a personal vendetta, such as you're describing. Don't worry, the company will feel the sting in increased premiums from the lawsuit.

It doesn't sound like you've got any real, lasting injuries, so this is just something to bring more stress and hassle to the company. Perhaps you should look into your motivation and seek counselling before you clog up the court systems with another lawsuit.

Answer 4

You are in fact suing the company, the insurance is acting as their representative. If you win the case, it is likely that their insurance cost will go up. If you win more money then the amount they are insured for (let say a M$), then the company would have to cover the exceeding part.

Answer 5

You have to take into consideration that if you lose the civil case, the 18 wheelers company can counter-sue, you.

Answer 6

You can only sue (win your case), if there is reason that the employer was at fault for you having an accident. Filing suit can always be done.

Answer 7

The employer is only liable if you were operating their equipment and due in poor maintenance it failed, or the company was forcing you to work under stressful conditions (minimal sleep, too many hours, or conditions which you were not trained to handle)

Answer 8

the company you drove for should have paid a portion of your medical bills, at least...you should ask your attorney what their policy says and if s/he plans to include them in your current lawsuit.

you should talk to your attorney about amending your complaint to include the company (if the attorney agrees it's needed) as opposed to suing after the first one settles, you'll save a lot of time, effort and money.

Answer 9

1st off, were you at fault or was the truck?

If you were at fault, your insurance is to pick up the bill and you are responsible for the deductibles..
If the truck was at fault, they should pick up whatever you owe for deductibles + earnings you didn't receive. The only extra money you could win would be through "pain and suffering."

Answer 10

Hahahahaha do you have that lawyer's number?