Can I sue my insurace company

Asked about 1 year ago - Jamaica, NY

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.

Attorney answers (8)

  1. Ryan M. Finn

    Pro

    Contributor Level 13

    15

    Lawyers agree

    Answered . If the truck that hit you was not owned by your employer, then you may have a claim. You should consult with an attorney very soon to protect your rights.

    Ryan Finn
    rfinn@hackermurphy.com
    Serving clients throughout New York State

    PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why... more
  2. Jeffrey Ira Schwimmer

    Contributor Level 19

    13

    Lawyers agree

    Answered . 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
    (212) 344-6700
    JSChwimmerEsq@verizon.net
    JSchwimmerEsq@att.net

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Have a lawyer investigate the ownership.

  4. Christopher Steven Hoffmann

    Contributor Level 14

    13

    Lawyers agree

    Answered . If you are working and injured on the job by a co-worker in an truck accident, you will need to contact a local accident attorney to discuss your litigation options.

    24 Hour Attorney Call Center (314) 361-4242 or visit us on the Web at http://www.hoffmannpersonalinjury.com.
  5. Matthew C Simon

    Pro

    Contributor Level 18

    10

    Lawyers agree

    Answered . Based on the limited information provided, you may be able to sue a 3rd party if the 3rd party was at fault for the accident. Use the Avvo "Find a Lawyer" tool above. Many personal injury attorneys, such as myself, offer free 30 minute consultations in Queens, NY.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  6. Michael Wayne Goldstein

    Contributor Level 9

    5

    Lawyers agree

    Answered . 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.

  7. Bobby L. Bollinger Jr.

    Pro

    Contributor Level 16

    6

    Lawyers agree

    Answered . Ask your comp lawyer to refer you to a personal injury lawyer that he trusts.

    This answer is intended as general information and not as specific legal advice. If you want to have a free... more
  8. Justin Drew Mcminn

    Pro

    Contributor Level 6

    6

    Lawyers agree

    Answered . 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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