I was hit on my motorcycle by a truck. My motorcycle was damaged and my legs injured. I filed a claim with the at fault driver's auto insurance company. Unfortunately, my claim was denied because the driver was working, making a delivery for a local restaurant in his personal vehicle at the time of the accident. I was only insured with minimum Liability insurance and did not have uninsured driver protection. If it is an option, how do I go about getting the restaurant to compensate me for the damages? I've never had a situation like this before and am kind of at a loss for what to do.
You need serious medical help then you need to hire a lawyer. You will get now where in this situation without one.
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Under Texas law, an employer is liable when injuries were caused by its employee while the employee is in the “course and scope of his employment.” Extensive case law helps establish what “course and scope” means. Please consult with an attorney to help you with this case!
Hire an attorney with experience in investigating and prosecuting cases like yours. Do NOT try to represent yourself.
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Hire a lawyer to go after the driver and the company. The company may have assets you can pursue regardless of insurance.
You absolutely have a claim against the restaurant if the driver was in the course and scope of his employment. His personal policy may not cover but the restaurant should. This can get complicated quickly as you are seeing. You will be well served by consulting with a board certified personal injury attorney at your immediate opportunity to find out more about your rights and possible courses of action.
By answering your inquiry, no attorney client relationship exists. Unless and until we enter into a written fee agreement contract we do not represent you nor have we undertaken the obligation to do so. Whether you hire us or another lawyer, you should absolutely hire an attorney. These matters are very complicated and there are certain time periods within which you must act.
Call a board certified personal injury specialist as soon as you can.
Was my answer "HELPFUL" and/or a "BEST ANSWER?" I appreciate you for noting same. Thank you. The information contained herein is not to be construed as legal advice. The questioner should seek independent legal advice from a qualified attorney after establishing a proper business relationship. Forrest Welmaker is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. No attorney fees unless a recovery is made. Doctor referrals are usually available.
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