Legal Question in Personal Injury in California

I was working doing a sales call and was in an accident. It was a hit and run and my car was totaled. Is my company liable? I am very sore but my car is totally gone. Since this was for work is my employer liable?


Asked on 9/23/09, 4:49 pm

4 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Since you are an outside salesman who was acting during the course of your employment, the injuries to your body are covered by your employer's workers' compensation coverage, but that does not cover property damage. Your own insurance may pick those damages up if the policy does not exclude all property damage occuring to your car while being used during business activity.

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Answered on 9/23/09, 5:26 pm
Steven Kuhn Steven Kuhn

Since you were in the course and scope of your appointment, you have 3 different types of claims. For you medical bills and possible temporary or permanent disability. You also have a claim against your own insurance company for the damage to your car. Your employer may pay for the deductible if it is not waived. You also have a potential uninsured motorist claim under your own policy but you need to read the policy to see if there is an offset for any benefits paid by workers compensation.

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Answered on 9/23/09, 5:43 pm
BRUCE NELSON BRUCE E. NELSON ATTORNEY AT LAW

It is possible that you have a multi claim situation.First there is a potential workers comp case coupled to a third party claim. There are too many variables to list in this answer, Please call me at 916-448-8831 if you would like to discuss further.

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Answered on 9/25/09, 1:20 am
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

The ideal situation for you would be to get temporary disability benefits and medical expenses paid by your employer and you file a third party claim against your uninsured motorist carrier and recover pain and suffering and damages to your vehicle. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 9/25/09, 2:39 pm


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