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-   -   ACCIDENT: need advise asap (w/ pictures) (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/27868-accident-need-advise-asap-w-pictures.html)

davidhtn 06-24-2007 01:21 AM

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.
:!: :!: :!:

http://www.stagnant.org/trk/1.jpg
http://www.stagnant.org/trk/2.jpg
http://www.stagnant.org/trk/3.jpg
http://www.stagnant.org/trk/4.jpg

Fredog 06-24-2007 01:36 AM

Re: ACCIDENT: need advise asap
 

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.
:!: :!: :!:

http://www.stagnant.org/trk/1.jpg
http://www.stagnant.org/trk/2.jpg
http://www.stagnant.org/trk/3.jpg
http://www.stagnant.org/trk/4.jpg

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!

ssoutlaw 06-24-2007 01:40 AM

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!!!

davidhtn 06-24-2007 02:08 AM


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!!!

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.

marcel27208 06-24-2007 03:32 AM

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.

Fredog 06-24-2007 04:11 AM


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.

BUT the truck must be insured to be on the road,that insurance should pay.

Uturn2001 06-24-2007 04:21 AM

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.

marcel27208 06-24-2007 06:18 AM


Originally Posted by Fredog

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.

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

allan5oh 06-24-2007 07:23 AM

Your employer is being fishy. Something is up.

Fredog 06-24-2007 07:32 AM


Originally Posted by marcel27208

Originally Posted by Fredog

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.

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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