Yesterday somebody rear ended me while I was still clocked in at work on a work- related errand. A bunch of paint was taken off of my bumper, I was not hurt but have not been checked out yet at the doctors I am nine months pregnant. However I did not call the police because the other party said that he would pay for the damage. He provided me with some of his insurance information but if i cannot get a hold of him i do not have the name of his insurance so what are my rights? And is my employer at fault? party said that he would pay me for the damages
The Biggest mistake people make is trusting that the other driver will do what was promised. Very, very, very rarely does the other driver follow through. For all who rad this and for you, NEVER leave the scene of an accident without a crash report and, whenever possible the names, addresses and telephone numbers of any witnesses. Given that almost every one has a phone with a camera, take scene and property damage photos as well.
That being said,your employer is not at fault. Your employer did nothing wrong. Your employer did not cause the crash. However, you must report the accident to your employer. If your employer has workers' compensation insurance (w/c), a claim should be initiated/submitted. W/c will be responsible for your medical expenses; and income loss should you miss more than one week of work due to your injury. You should also file a crash report withe the police and report the claim to your own insurer. When asked if you or your baby are injured, tell the insurer you do not know yet because you are still in shock. That way, if you are injured, you will not be reporting that you are fine!!!
If you were my wife, I would urgently take you to the ER immediately to have your baby examined! and likely ultra-sounded. You must also immediately notify your OBGYN to see if you should go to the hospital where you and your doctor plan to deliver the baby.
You also have your own vehicle insurance and health insurance benefits, but they are secondary and tertiary to w/c. This gets rather complicated, so there is no need to go in to the complexity of this unless necessary you or your baby were injured. Whenever asked, you must report that you were on the job at the time of the crash.
There is much more to this all, depending on whether you or your baby are hurt in any way whatsoever, but once again there is no need to go in to the rest of these matters until you figure out whether you were injured, which can take up to a few to several days. However, do not delay getting your baby checked out asap!!!
Hopefully, the other driver pays; you and your baby are not hurt; and your employer has w/c. Those here who practice auto insurance law may recognize the nature of the policy number and may be able to assist you in finding out which insurer it is.
If you or your baby were injured, immediately hire a good lawyer in your general local...
My colleagues have covered a great amount of information that can point you in the right direction. At this point, getting checked out medically is most important because of your pregnancy. If you were in the course and scope of your work, report it to your employer for possible worker's compensation coverage. Seek the assistance of a lawyer, as suggested, to see if he or she can assist in finding the at fault party's insurance information.
You have two potential claims here. One is workers comp and the other is a tort claim against the other driver. If you can't find the other driver or his insurance company, then you can proceed against your own insurance carrier for collision coverage, or uninsured motorist benefits if it turns out you are hurt. Because you were working at the time of the accident, you also have a potential workers comp claim. At the very least, you should ask your employer to repair the damage to the vehicle if the other driver cannot be located.
Unfortunately, you have made in error by not reporting this incident to the police, who would have obtained full information concerning the adverse driver, including his insurance. You always should call police to the scene of an accident and make a report.
You should contact your own automobile liability insurance carrier and advise them about this incident and provide your carrier was all of the information you do have about the adverse driver.
You also need to make a "first report of injury" to your employer, as this collision and any damages you or your fetus may suffer will be covered under your employer's workers compensation coverage. Be sure to report this to your employer immediately.
You are entitled to be seen by a doctor and have your medical bills paid for under your employer's workers compensation coverage.
If you have been injured:You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within 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. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
You have a potential negligence action and a workers comp claim.
WC is optional.
Your employer may have additional auto insurance coverage for you being out on an errand in your own car.
Get to a doctor and Call a lawyer ASAP.
Report accudent to Tampa PD. Report Accident to your insurance carrier.
It was a mistake to handle the claim initially in the manner you did, but don't beat yourself up. It's possible you may have something else on your mind these days!
Good luck and I wish you a great delivery.
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