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I was in a company vehicle and was hit by a drunk uninsured, unlicensed driver.

Seaside, CA |
Filed under: Lawsuits and disputes

I felt fine at the scene and did not get checked out or go to hospital, however the next day I could hardly move my neck. Two weeks later I am still having neck and back pain and need to go to the doctor. I have no insurance who pays for it, and what should I do ?

Attorney Answers 11


  1. First of all get the medical care you need. If you were in a company vehicle they most likely had insurance, med pay and uninsured motorist. File a claim with that company and contact a lawyer.


  2. Get the medical treatment you need. Your employer's vehicle likely had coverage. Also, if you were working, Workers compensation would kick in. Your employer might also have uninsured motorist coverage on the vehicle. Once the doctor has checked you out, you might want to consult with a personal injury lawyer.

    We can be reached at 215-545-2201. Our firm has lawyers licensed to practice in Pennsylvania and New Jersey and in the Federal Courts of those states. The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


  3. There is a host of insurance issues here. First, I assume you were on duty while driving the company vehicle, which means you may be able to make a claim under worker's compensation. If not, in some states if you are coming and going from work you may still be able to make a claim. Second, the company vehicle, again an assumption, was insured by your employer and so you may be able to make a claim under that policy. Finally, you may have other insurance policies that provide coverage for your injuries. A personal injury/worker's compensation attorney should be able to help you explore your options.


  4. If you were working at the time if the collision, them your employer's workers' compensation insurance will provide you with medical care.

    Also, if the other driver had insurance at the time of the collision, then you should have no difficulty obtaining medical care on a lien basis (where healthcare provider provides medical attention now but defers payment until the close if your case). A good personal injury attorney will be able to assist you.

    Contact an attorney who handles personal injury cases and work comp cases.

    This answer to this questions is for general purposes only and does not establish an attorney-client relationship. You should contact an attorney right away to further examine the issues in your case.


  5. I assume you reported the crash and your neck injuries to your employer. If you were acting in the course and scope of your employment at the time of your crash, you may have a workers compensation claim. You should report the crash to the auto insurance company for the company vehicle and to your own auto insurance company to see what medical benefits are available to you. A claim should also be made with the drunk driver. You should also consult with a local personal injury attorney to help you because there are many insurances and claims involved here.


  6. First of all, you need to ask yourself whether you were operating the company vehicle on business or just driving a company vehicle. If on business, you probably have a worker's comp case. If you were simply driving the vehicle without performing business duties, you need to probably retain a personal injury attorney to handle your injuries for you. In either case, you need to inform your company of the accident and that you are having on-going injury issues for which you need treatment. You should be treating immediately. Sorry to hear about your injuries and wish you a speedy recovery.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  7. Have a local workers comp / personal injury lawyer investigate the coverage of your employer, and apply for comp benefits. Avvo has a terrific "find a lawyer" too l to find a top-rated Avvo attorney with a low contingency fee. Good luck.


  8. You should hire a personal injury attorney to assist you with these issues and to maximize your recovery. The longer you put off treatment, the wise it is for you physically and it also harms the potential outcome of your case. Did you report the accident to your employer? Did your employer have you fill out a workers' compensation (WC) claim form and refer you to a doctor through the company's WC plan? Did your employer give you the name of their insurance agent to find out other coverage they have available under their policy?

    ***This response is provided solely for general information purposes and is not intended as legal advice, nor does it create an attorney-client relationship.


  9. You can make a workers' comp. claim with your employer. I would seek out a WC lawyer.


  10. This sounds like a personal injury issue, perhaps they contacting the local bar association to see if they can recommend you a PI (personal injury) attorney.


  11. You have real legal issues that need review by an experienced attorney. Most attorney will take these cases for a share of the recovery so there is no need to pay for the attorney time up front. You should consult an attorney without delay.

    In all cases it is advisable to consult an experienced attorney. Nothing stated herein is intended as legal advice for your specific situation, and you should use the information provided solely for the purpose of choosing an experienced attorney for the problems presented.

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