I was stopped at a red light when i was rear ended by an unlicensed driver who was driving a vehicle owned by the company he worked for....i am presently going through insurance to get my car fixed and my medical bills paid...Should I get a lawyer to sue the company for me and would I have a legitimate case?
2007-08-02 08:28:53 · 6 answers · asked by SportsFan 3 in Politics & Government ➔ Law & Ethics
If the insurance company will not make a fair offer, you do need to get a lawyer. The insurance company will offer you, at best, full property damages and medical expenses. They will not offer pain and suffering, which is unfair because it is logical to assume that injuries cause pain. You'll get a quicker settlement without a lawyer, but even after the attorney's fees, you'll recover more with an attorney. Next, you do have to sue the company who owns the car. If the driver should not have been driving it for some reason, that's an issue between the company and the employee, not you. You have no control over the company's vehicle or its employees. They gave the employee the keys; they have the ultimate responsibility to you. Do you have a legitimate case? We can't know for sure, but generally the driver in the rear car is at fault. You were stopped at a red light and he rear-ended you. He was either following too close or not paying attention. You should at least consult an attorney if you get a settlement offer from the insurance company. Lawyers have access to jury verdict research specific to your county. They can assess this cause of action better than you and can find out what a reasonable jury verdict would be in your county. However-be sure to ask how long it would take to settle the case and how long it would take to get a court date if you don't settle.
2007-08-02 08:54:25 · answer #1 · answered by David M 7 · 0⤊ 0⤋
Absolutely. In fact, it would be much easier to get a lawyer to represent you in a case like that with no money down, because the company very likely has insurance to cover such an instance, and the probability of getting a fat settlement is much, much greater.
2007-08-02 08:44:53 · answer #2 · answered by Hillary 6 · 1⤊ 0⤋
Generally speaking, yes. An employer is responsible for the negligence of its employee. You'd have to show that the employee was driving the vehicle in the course and scope of his employment. Even if he wasn't, some states (CA) impute liability to the owner of the car for the negligence of a permissive user. Keep in mind that the fact that you can sue the employer doesn't increase the value of your claim. It is what it is regardless of who is paying.
2007-08-02 08:34:54 · answer #3 · answered by John W 3 · 0⤊ 1⤋
Definitely a yes, the company was responsible for hiring employees with a licensed that has not been revoked or expired.
2007-08-02 08:38:00 · answer #4 · answered by Anonymous · 1⤊ 0⤋
You could and your insurance company would love you for it. Just think of all the money you could save them in lawyer fees by paying them yourself.
2007-08-02 08:34:06 · answer #5 · answered by davidmi711 7 · 0⤊ 1⤋
no
2007-08-02 08:35:56 · answer #6 · answered by Anonymous · 0⤊ 2⤋