Can I sue a company whose employee rear-ended me ina company owned car?

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Can I sue a company whose employee rear-ended me ina company owned car?

I was rear-ended by a kid on his cellphone who was driving his company’s car. The company insurance paid me to repair my auto, however, I want to know if I have any grounds to sue the company further since I was hit due to their employee’s reckless behavior? Also, the kid’s insurance company was not liable because it wasn’t his car. How does the kid get penalized for this behavior? It seems as if he gets off scott free.

Asked on November 28, 2010 under Accident Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) If you suffered additional compensible damages--e.g. you suffered injuries, requiring medical treatment, and wish to be compensated for pain and suffering (for serious or lasting injuries) or the cost of treatment--you may claim for those; and if not paid by the insurance, may sue for them. However, you may only recover for injuries or losses (including also the cost to rent a replacement care)--you can't simply sue for more because you deem to the employee's behavior egregious.

2) If you have injuries for which you have not received compensation from the employer or its insurer, you may sue the employee directly for those injuries. However, you can't "double dip"--if you've been compensated for them already, you can't sue again.

3) If a police report was filed out, the accident should have been reported to the kid's insurer, which will then impact his (or his family's) insurance rates. Also, if a police report was filled out, there should be points on his license is he was violating any traffic laws (such as talking on cell phone).


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