Who doI sue ifI was injured in a rear-end car accident?

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Who doI sue ifI was injured in a rear-end car accident?

I was driving my company car and on my way to work and was rear-ended. There were 3 cars involved. I was at a complete stop and the car behind me was at a complete stop. Car 3 did not stop and the driver in car 3 has no insurance. Also, they were on their cell phone talking while driving. He waslisted in the police report as the cause of the accident. The problem is my company covers the car but nothing to do with me as far as missed work or out-of-pocket medical bills. They will not even act on my behalf. So who do I contact – Car #2’s insurance company or do I sue Car # 3 with no Insurance?

Asked on October 7, 2010 under Accident Law, California

Answers:

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

Answered 10 years ago | Contributor

Since you were driving your company car and were on your way to work when the accident occurred, you may have a workers' compensation claim.  It would be advisable to speak with a workers' compensation attorney.

The alternative to a workers' compensation claim would be to pursue the case against the registered owner/ driver of Car #3, who was fault in the accident.  You can obtain the name of the registered owner and/or driver from the police report.  Since people without auto insurance usually don't have much in terms of assets, you might not recover much.  In order to pursue your claim against Car #3, first you want to complete your medical treatment.  When you are released by the doctor, obtain your medical bills and medical report.  The medical report will document the nature and extent of your injuries and will determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  You can file a lawsuit for negligence against the registered owner/driver of Car #3.  Your damages (the amount you are seeking to recover in your lawsuit) should include the amount of your medical bills, compensation for pain and suffering and any wage loss.  You will need to file your lawsuit prior to the expiration of the statute of limitations or you will lose your rights forever in the matter. 

The insurance carrier for Car #2 will probably deny liability, but it would be worthwhile to contact them anyway to find out if they are accepting any liability.  Again, it is unlikely that they will accept liability since their driver was pushed into your vehicle by Car #3 which caused the accident.

You mentioned that your company covers the car, but is not doing anything regarding your claim.  This is rather unusual and that company insurance policy most likely includes uninsured motorist coverage.  If it has uninsured motorist coverage, you should be able to receive compensation for your personal injury claim by submitting your medical bills, medical reports, wage loss documentation as an uninsured motorist claim with your company's auto insurance carrier when you complete your medical treatment.  Your claim as mentioned above would include your medical bills, wage loss and compensation for pain and suffering.  This would be a better alternative than trying to sue Car#3 who doesn't have insurance.


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