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davidhtn
Joined: 03 Jul 2005
Posts: 37
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| Posted: Sun Jun 24, 2007 7:21 am Post subject: ACCIDENT: need advise asap (w/ pictures) |
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Hello, I was involved in a accident, I was a co-driver asleep in the sleeper at the time of the crash, I have suffered serious back and neck pain, and after contacting my company regarding this I was told that i was not covered by insurance at the time of the accident, and neither was my co-driver who was found at fault for the accident by DOT.
I am trying to figure out what my options are at this point, I no longer have a job as the truck in the accident was the companies only truck, and i can not afford to see a doctor on my own.
I know this will go to court but should i hire a lawyer to represent me for my own injuries and what are the chances i could be simply thrown to the side and screwed over because i'm not covered by insurance as i'm told.
:!: :!: :!:
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Fredog
Joined: 23 Apr 2005
Posts: 2169
Location: North Georgia
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| Posted: Sun Jun 24, 2007 7:36 am Post subject: Re: ACCIDENT: need advise asap |
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davidhtn wrote: Hello, I was involved in a accident, I was a co-driver asleep in the sleeper at the time of the crash, I have suffered serious back and neck pain, and after contacting my company regarding this I was told that i was not covered by insurance at the time of the accident, and neither was my co-driver who was found at fault for the accident by DOT.
I am trying to figure out what my options are at this point, I no longer have a job as the truck in the accident was the companies only truck, and i can not afford to see a doctor on my own.
I know this will go to court but should i hire a lawyer to represent me for my own injuries and what are the chances i could be simply thrown to the side and screwed over because i'm not covered by insurance as i'm told.
:!: :!: :!:
if you guys were not covered by insurance and were allowed to drive, the company was operating illegally and should be in big trouble, even if you had no medical. the truck insurance or workers comp should pay. call a lawyer NOW! |
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ssoutlaw
Joined: 06 Sep 2006
Posts: 793
Location: Indianapolis,In
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| Posted: Sun Jun 24, 2007 7:40 am Post subject: |
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GET a lawyer right now!!!!!
Every company or person who has an employee must have workers comp. There is also uninsured employers fund to help in this matter. Did your company have you sign a 1099 form?? God I hope not! Got to go out of town tonight, will check the boards for your reply when I get home tomorrow. Get to the DR though!!! |
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davidhtn
Joined: 03 Jul 2005
Posts: 37
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| Posted: Sun Jun 24, 2007 8:08 am Post subject: |
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ssoutlaw wrote: GET a lawyer right now!!!!!
Every company or person who has an employee must have workers comp. There is also uninsured employers fund to help in this matter. Did your company have you sign a 1099 form?? God I hope not! Got to go out of town tonight, will check the boards for your reply when I get home tomorrow. Get to the DR though!!!
no i did not sign a 1099, infact i did not sign a w2 either, i guess i need to just go to the doctor and pay up front then hope to god i get my money back. |
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marcel27208
Joined: 19 Aug 2006
Posts: 782
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| Posted: Sun Jun 24, 2007 9:32 am Post subject: |
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| the whole workmans comp arguement may not be true, some states you are only required to carry work comp for employees if you have 3 or more drivers/employees including yourself, or if this companies payroll you were driving for hits a certain amount every year. |
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Fredog
Joined: 23 Apr 2005
Posts: 2169
Location: North Georgia
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| Posted: Sun Jun 24, 2007 10:11 am Post subject: |
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marcel27208 wrote: the whole workmans comp arguement may not be true, some states you are only required to carry work comp for employees if you have 3 or more drivers/employees including yourself, or if this companies payroll you were driving for hits a certain amount every year.
BUT the truck must be insured to be on the road,that insurance should pay. |
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Uturn2001
Joined: 10 Jan 2005
Posts: 4623
Location: East Central IL between the corn and the beans
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| Posted: Sun Jun 24, 2007 10:21 am Post subject: |
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Call an attorney first thing Monday morning. I would suggest one that specializes in personal injury and/or worker's comp claims. Most will give you an initial consult at no charge.
Also if you have not seen a doctor yet then you need to ASAP. While your injuries may heal fine over time, there is a possibility that they could be made worse and also not seeking medical care can damage your claim. |
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marcel27208
Joined: 19 Aug 2006
Posts: 782
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| Posted: Sun Jun 24, 2007 12:18 pm Post subject: |
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Fredog wrote: marcel27208 wrote: the whole workmans comp arguement may not be true, some states you are only required to carry work comp for employees if you have 3 or more drivers/employees including yourself, or if this companies payroll you were driving for hits a certain amount every year.
BUT the truck must be insured to be on the road,that insurance should pay.
thats true, it will pay IF it had physical damage insurance, and that will cover the cost of the truck in the event of an accident right? does that include occupants? did he have physical damage? the minimal insurance that a truck is required to have is liability and that covers other occupants in other vehicles not your own vehicle |
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allan5oh
Joined: 26 Aug 2005
Posts: 2151
Location: jackassville (winnipeg, mb)
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| Posted: Sun Jun 24, 2007 1:23 pm Post subject: |
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| Your employer is being fishy. Something is up. |
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Fredog
Joined: 23 Apr 2005
Posts: 2169
Location: North Georgia
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| Posted: Sun Jun 24, 2007 1:32 pm Post subject: |
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marcel27208 wrote: Fredog wrote: marcel27208 wrote: the whole workmans comp arguement may not be true, some states you are only required to carry work comp for employees if you have 3 or more drivers/employees including yourself, or if this companies payroll you were driving for hits a certain amount every year.
BUT the truck must be insured to be on the road,that insurance should pay.
thats true, it will pay IF it had physical damage insurance, and that will cover the cost of the truck in the event of an accident right? does that include occupants? did he have physical damage? the minimal insurance that a truck is required to have is liability and that covers other occupants in other vehicles not your own vehicle
not quite true, you have to have medical on occupants of the truck. In any case, I woudnt be asking on here. I would be looking for an attorney |
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thebaldeagle655
Joined: 27 Dec 2006
Posts: 278
Location: Wichita Falls, Tx
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| Posted: Sun Jun 24, 2007 1:45 pm Post subject: |
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Don't talk to your former employer any more, do not pass go, do not collect $200, CALL YOUR ATTORNEY!
I also would contact the companies insurance company myself, don't take the company's word, they had to have insurance that by law covers medical on the occupants of the truck and anyone else injured in the accident.
If you don't have the insurance company's name, get an accident report, it will be on that. Your attorney will probably do this for you though.
Good luck and let us know how it all comes out! |
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marcel27208
Joined: 19 Aug 2006
Posts: 782
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| Posted: Sun Jun 24, 2007 2:04 pm Post subject: |
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| yeah u definitely need an attorney |
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davidhtn
Joined: 03 Jul 2005
Posts: 37
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| Posted: Mon Jun 25, 2007 12:18 am Post subject: little update |
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the plot gets thicker, After talking briefly to my now previous employer, he is telling me that if asked to say that he told me that my co-driver could not drive and that i told him to drive...
wtf?!
well i told him i do not even think so, and hes saying he does not have the money to help me go to a clinic, so I'm going tomorrow in the morning, then when i get back i will attempt to find a lawyer who is willing to accept such a case with no up-front fee's.
after talking to some people in my little town who know my co driver i found out some interesting news as well.
turns out he is collecting disability for a mental retardation and is unable to hold any job due to his illness, he obtained his CDL from SWIFT and for what ever reason did not continue past two days for his training.
I'm starting to wonder now if maybe SWIFT is now liable for providing him with a CDL?
does anyone know perhaps what kind of settlement i could be looking at?
I was already a month behind on my bills and now I'm pretty much screwed as far as bringing home a check. and to make things worse i don't even feel safe enough to drive my personal vehicle, how gay is that?
i feel like a damn child.
cheers |
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got mud?
Joined: 27 May 2006
Posts: 243
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| Posted: Mon Jun 25, 2007 8:48 am Post subject: Re: little update |
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davidhtn wrote: the plot gets thicker, After talking briefly to my now previous employer, he is telling me that if asked to say that he told me that my co-driver could not drive and that i told him to drive...
wtf?!
well i told him i do not even think so, and hes saying he does not have the money to help me go to a clinic, so I'm going tomorrow in the morning, then when i get back i will attempt to find a lawyer who is willing to accept such a case with no up-front fee's.
after talking to some people in my little town who know my co driver i found out some interesting news as well.
turns out he is collecting disability for a mental retardation and is unable to hold any job due to his illness, he obtained his CDL from SWIFT and for what ever reason did not continue past two days for his training.
I'm starting to wonder now if maybe SWIFT is now liable for providing him with a CDL?
does anyone know perhaps what kind of settlement i could be looking at?
I was already a month behind on my bills and now I'm pretty much screwed as far as bringing home a check. and to make things worse i don't even feel safe enough to drive my personal vehicle, how gay is that?
i feel like a damn child.
cheers
you should not have a problem finding a lawyer that will take your case as most accident and injury lawyers take a percentage of the money you win they do not get paid hourly. hence the tern "ambulance chasers" |
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Uturn2001
Joined: 10 Jan 2005
Posts: 4623
Location: East Central IL between the corn and the beans
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| Posted: Mon Jun 25, 2007 10:40 am Post subject: |
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Quote:
I'm starting to wonder now if maybe SWIFT is now liable for providing him with a CDL?
Swift did not provide him with a CDL. The state did. |
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