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Can I reopen a motor vehicle accident case?

Edgewood, MD |

I was in a company van and was rear ended, the person who hit me did not have car insurance. I missed weeks of work, and did about 2 months of physical therapy. Because the person did not have insurance my job dished out my settlement money; missed wages, medical bills, attorney fees, and pain & suffering. I don't want to reopen the case and have my job involved, so can I sue the person who hit me?? I still suffer from chronic back pain at least 3 - 4 times a week. My accident was April of 2012.

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Attorney answers 4

Posted

Don't hesitate to contact an attorney. You need an attorney to review the matter.

Posted

Don't hesitate to contact an attorney. You need an attorney to review the matter.

Posted

There are some facts missing. If you wer injured while on the job, it is likely your filed a worker's compensation claim. If that is the case, and you did it on your own, you should consult with an attorney, because when your emloyer offers worker's compensation benefits, they often don't tell you about them all. You may be entitled to PPD (permanent partial disability). In addition, you may be able to make a third party claim. That means, on top of the worker's compensation claim, you may be able to sue for money damges separate from worker's compensation. The problem with that is that if the person is uninsured, you will have to make an uninsured motorist claim using the insurance of the vehicle you were traveling in. If you make an uninsured motorist claim, there is a dollar-for-dollar offset for any money you received from worker's compensation. This means that if you received $1,000 in worker's compensation benefits, you must prove $1,001 in damages before you can collect underinsured motorist coverage money.
It is complex when there is both worker's comp and a third party claim involving uninsured motorist coverage. YOU NEED A LAWYER.

Asker

Posted

I did not file a workers comp claim, I filed a separated claim. The job had to pay me because the person was not insured, so they are suing the person to get the money back from my settlement

Asker

Posted

This Is the way my lawyer advised me to go about this because, there could be a circumstance in which I would possibly have to pay that back

Asker

Posted

So the time I had off from work I used my personal vacation and sick time. I got my missed wages in my settlement

Craig Meyers

Craig Meyers

Posted

It wouldn't hurt to look into a worker's compensation claim. One of the nice benefits of comp. is that if you have future care, it is covered for life (generally).

Posted

Sounds like you have a 3rd party claim, so call a local personal injury lawyer to investigate.

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