Has no affect on your injury claim whatsoever. Negligent party will be responsible for any injury directly caused by the collision. As previously noted, if injured you should contact an attorney who litigates personal injury cases like yours. You may have med pay that can be used to help with your treatment. Lastly, do not speak with the insurance adjuster. They will record your statement to be used against you later in the claim. I'd be happy to talk to you. Give me a call at 770-479-0366.
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If you can prove with admissible evidence that another vehicle caused your damages then you can file a claim with your own Uninsured Motorist policy. Some evidence to obtain would be the accident report, photos of your vehicle and paint chips left by the other vehicle. These will help you prove that another car caused the accident. Also, you and the passenger must treat for your injuries soon or the claim will be denied.
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Believe it or not I have been asked this question several times and represented client's who were hit in the crosswalk. Short answer is "NO". You may not plow down a pedestrian as they cross the street in the crosswalk ...... even though they are crossing at the wrong time. The law requires that you "mitigate" the damages. That means that you have a duty to avoid an accident if it is reasonably within your power to do so. Good question though.
The responsible party in your fact pattern would be the "driver" of the car..... not the owners. The law holds the negligent party liable for damages in automobile accident. However, there is a situation in which the owners could be held liable for the negligent acts of the driver where the owner's new the driver had a propensity to drive in an unsafe manner. For example, if the owner of a car knew a person was drunk and gave that person permission to drive their car they could be held...
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You have a workers' compensation claim. You have given your employer "notice" of the claim and you have requested to treat with an authorized physician. You have satisfied the requirements and should request to HR that a report be documented and a claim opened. You need to treat for your injuries before they progress. Hope this helps.
If you have been paid benefits during the life of your claim you have the right to have your own Independant Medical Examination. You may choose the physician and the Employer / Insurer are required to pay for the evaluation up to a certain amount set by code in your state. This exam should address all your concerns and hopefully will provide some objective support for your case.
It sounds like the other driver, lets call him the defendant, was at fault for this accident. Luckily no one was injured. The first thing you look for the defendant's property insurance to pay the damage. You state that he has none. So then you would need to look at your Uninsured Motorist property coverage. Sounds like you filed a claim under the "collision" section of your insurance. You should contact your insurance company, give them proof that the other driver was uninsured and...
A company is only "required" to have insurance that pays when another person has bodily injuries as a result of negligent driving. Companies are not required to have "collision" insurance. Short answer is that if your company decided not to have "collision" protection the owner of the truck that you hit can require you to pay the damage.