If I was rear-ended by a company vehicle and pushed into another car and the insurance company for the van that hit me states the company car was not insured and the driver is not an employee, what do I do?

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If I was rear-ended by a company vehicle and pushed into another car and the insurance company for the van that hit me states the company car was not insured and the driver is not an employee, what do I do?

the driver is not an employee, even though that is the insurance information he gave on the police report.

Asked on May 12, 2017 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the driver who hit you--almost inevitably, the rear driver in a collision like this is considered to be at fault, since he or she had the duty to maintain a safe following distance and speed, so that he or she could stop in time. Even if he or she is not insured, you can potentially collect money from him/her directly.
If the vehicle was not stolen, then this person had permission to drive it--either directly from the vehicle owner, or indirectly by someone who him/herself had permission to drive it. If the driver had permission to drive it (so, did not steal it), then the vehicle's owner may be liable, since an owner is responsible for the accidents caused by those who are allowed to drive, if that person was at fault. The lack of insurance does not mean that the vehicle owner might not have to pay out of pocket for any damages.
You can sue the employer (which may also be the vehicle's owner), since an employer is liable for its  employee's negligent acts--let them prove this was not their employee.


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