Can I sue the company and the person driving the company truck?

Asked about 3 years ago - Atlanta, GA

I was involved in a hit and run early Saturday morning around 1:45AM. I followed the guy and got the tag number. At the time of the accident I had a minor headache. I woke up Saturday afternoon in serious pain. Went to urgent care and got an exam and meds for the pain and stiffness. I got my police report on Tuesday the police report found out that the vehicle that hit me was a company pick-up truck. I called my insurance agency they set up a claim with the other vehicles insurance agency and I haven't heard back from them. I called them Wednesday and they said they haven't assigned an adjuster to the case yet. Do I have a case to sue the company for the hit and run, damages to my car, and pain and suffering? I took Wed, Thurs, and Fri off. I have to see the dr again Fri.

Attorney answers (7)

  1. Peter James Pearson

    Contributor Level 9

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    Answered . You have a claim against the driver who hit you. You may have a claim against the company if at the time of the collision the driver was "in the course and scope of employment." Do you know why he was out so late in a company truck? Business or pleasure?

    If you need further medical treatment it is crucial to get it as soon as possible. Every day that passes without follow-up care is a day the insurance company will try to use against you - they will argue that if you were really hurting you would not have delayed to get to treatment.

    You have two separate claims. One for the damages to your car. The other for personal injury, which has at least 3 elements, your medical bills, your lost earnings, and your pain and suffering.

    I also am willing to talk if you want more advice.

    Attorney Pete Pearson
    (404) 292-5225

  2. S Quinn Johnson

    Contributor Level 8

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    Answered . You may certainly have a case against the Company truck driver, and the Company itself, for your vehicle damage, personal injuries, lost income, and other damages. It is important that you continue to seek immediate medical treatment tomorrow and that you contact a Georgia attorney before continuing any discussions with the Company, the Company truck driver, or any insurance company.

    It is important that you at least speak with an attorney before proceeding. Do not put yourself at risk by taking on the insurance company alone without first seeking legal advice. I am interested to learn all of the critical details of your case, however it is also important that you do not post the specific details on this (or any) public website.

    Feel free to call me this afternoon for a free consultation.
    (404) 496-4119.

    *Comments provided are not legal opinion and do not establish an Attorney-Client relationship. Johnson PC... more
  3. Darren M. Tobin

    Contributor Level 8

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    Answered . The answer is yes. It's that simple. And good for you for following the driver and tracking him down. You would have a case against the driver and the company itself if he was driving while working as an employee of the company. You can recover for your property damage, personal injuries, lost income, and pain and suffering.

    A hit and run accident is considered a serious crime in the state of Georgia, and one that comes with stiff legal consequences. Georgia law clearly stipulates that it is illegal to leave the scene of an accident before driver information is exchanged, injuries are attended to, and/or police or emergency professionals arrive on the scene. Drivers who fail to do so are committing a “hit and run”- which, depending on the circumstances, can be classified as a felony or a misdemeanor. Drivers who commit a hit and run are subject to large penalties and possible substantial prison time, depending in part on the severity of the crash and injuries sustained.

    Please feel free to call me with any questions you may have and for a free consultation. (404) 419-9500

  4. J. Phillip Boston

    Contributor Level 7

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    Lawyer agrees

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    Answered . I agree with all of the advice given to date. You may also have a claim for punitive damages due to the hit and run. While hit and run is a serious offense, I've found that the State can be slack in prosecuting this offense. I'd advise you to follow-up regularly with the law enforcement agency and the solicitor or district attorney in your jurisdiction. Please feel free to contact me at 706-549-9500.

  5. Glen Edward Ashman

    Pro

    Contributor Level 20

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    Answered . First of all, stop directly talking to the other side and their insurer. That is a great way to rapidly diminish the value of your claim.

    See a lawyer immediately. A lawyer can properly analyze a claim, and present it in a way to maximize the claim. The claim could include pain and suffering, lost wages and other components in addition to the medical bills.

    My office can do a free consultation to review your case. Call me at 404-768-3509.

  6. Aaron P. Marks

    Contributor Level 11

    1

    Lawyer agrees

    Answered . You may have a case against the company depending on what the driver was
    doing for them when he hit you. Please call my office to discuss.

    Regards,

    Aaron Marks
    404-939-1485
    --
    Aaron Marks, Esq.
    The Marks Law Group, LLC
    103 W. Dearborn Circle
    Decatur, GA 30030
    www.markslawgroup.com
    aaron@markslawgroup.com
    404-939-1485 (ph)
    404-581-5902 (fx)

    -- ATTORNEY-CLIENT PRIVILEGED; DO NOT FORWARD OR DISCLOSE WITHOUT EXPRESS PERMISSION. Communications from... more
  7. Daniel Paul Buttafuoco

    Pro

    Contributor Level 16

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    Answered . I agree with the other attorneys....however, I want to stress the importance of finding an attorney and calling for a free consult right away.

    Daniel Buttafuoco
    www.1800NowHurt.com

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