Am I facing a possible lawsuit?

Get Legal Help Today

 Secured with SHA-256 Encryption

Am I facing a possible lawsuit?

I am a professional truck driver. Some time ago, I took my now ex-girlfriend as a
passenger for a short distance and I got into a minor accident. My then-company
did not allow passengers in the truck, so we agreed to mention her in the
accident report.

She’s now saying she wants compensation from either me or my former company,
claiming I worsened her already significant back issues and that she needs more
physical therapy, more surgery, etc.

Pretty sure that at this point it’s just a shakedown, but what are my options?

Asked on April 12, 2018 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you may be sued--she could sue either you (the driver) or the company (as your employer and/or the truck's owner--both are bases for liablilty) for any worsening of her injuries she could prove (such as with medical/doctor testimony) came from the accident. She could sue either or both of you--it is her choice. Note, however, that you and the company should only be liable if you were at fault in  causing the accident (e.g. driving negligently or carelessly), so you may not be liable if some other driver was at fault (in which case, she should sue them).
Under the circumstances, it is likely that insurance will not cover her since you did not put her in the accident report and should not have been driving a non-work passenger in your work vehicle.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

When your ex-girlfriend completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in  her medical treatment where no further improvement is anticipated, she will file a claim with your former company's insurance carrier.  Her claim will include compensation for the medical bills, compensation for pain and suffering, which is an amount in addition to the medical bills, and compensation for wage loss.
If the case is settled with your former company's insurance carrier, NO lawsuit will be filed.
If the case is NOT settled with your former company's insurance carrier, she will file a lawsuit for negligence naming both you and your former company as defendants.
Your former company's insurance carrier will provide you with an attorney at no cost to you.
If the lawsuit results in a court judgment against you which you cannot afford to pay, you should consider filing Chapter 7 bankruptcy, which will eliminate that debt.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption