Am out of work 100 percent disable by my doctor Accident at work hit by employers truck ..in the trucking company ..date of accident 5, 08, 2012 ....I am on nysif just got l5s1 disectomy and fusion ...I cant sue the employer the driver was a co-worker cant sue a thrid party....but can sue the insurance company.. the truck that hit me was a leased truck by another company name.....we service trucks rent trucks also lease....what can I do...my workers compensation lawyer only does works-comp, not personal injury.....I am looking for a personal injury lawyer.
Your scenario is a little unclear. While the truck that you were struck by was being driven by a co-worker, are you saying it was actually owned/leased by a company that was not your employer? I have handled numerous similar cases and the significant issue is determining the exact identity of all parties connected to the registered ownership of the vehicle.... you have to watch out for companies that are in the business of leasing vehicles to third parties as there is federal law that prevents them from being held vicariously liable; but not necessarily the company that leased the vehicle and may have brought it to your company for servicing. You can not sue an insurance company directly.
JEFFREY I SCHWIMMER, ESQ
20 Vesey Street - Suite 1200
New York, NY 10007
Generally, this would not be a lawsuit against your ins co. However, I would need to check whether this might fall under the UM or UIM coverage of your ins policy.
The owner of the truck MIGHT be liable, but recent Federal law severely limits that type of claim..
I would like to get more details about the accident.
If you want to discuss this further, please complete the Contact Us form at our website, & provide details of the accident, & the leasing of the truck.
If the truck was owned or leased by another company than the one you work for then you may be able to maintain a claim depending on the status of your states workers compensation legislation and laws. I would highly suggest you contact a personal injury lawyer in your jurisdiction for a consultation as it appears you suffered a very serious injury. Good luck.
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