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06-24-2007, 01:21 PM
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ACCIDENT: need advise asap (w/ pictures)
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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06-24-2007, 01:36 PM
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Re: ACCIDENT: need advise asap
Quote:
Originally Posted by davidhtn
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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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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06-24-2007, 01:40 PM
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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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06-24-2007, 02:08 PM
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Quote:
Originally Posted by ssoutlaw
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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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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06-24-2007, 03:32 PM
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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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06-24-2007, 04:11 PM
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Quote:
Originally Posted by marcel27208
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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BUT the truck must be insured to be on the road,that insurance should pay.
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06-24-2007, 04:21 PM
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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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Finding the right trucking company is like finding the right person to marry. I really comes down to finding one whose BS you can put up with and who can put up wih yours.
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06-24-2007, 06:18 PM
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Quote:
Originally Posted by Fredog
Quote:
Originally Posted by marcel27208
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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BUT the truck must be insured to be on the road,that insurance should pay.
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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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06-24-2007, 07:23 PM
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Your employer is being fishy. Something is up.
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06-24-2007, 07:32 PM
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Quote:
Originally Posted by marcel27208
Quote:
Originally Posted by Fredog
Quote:
Originally Posted by marcel27208
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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BUT the truck must be insured to be on the road,that insurance should pay.
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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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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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