If I was injured due to being rear-ended by a valet in a parking lot, who is liable for my medical bills?ho is liable
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If I was injured due to being rear-ended by a valet in a parking lot, who is liable for my medical bills?ho is liable
The valet was driving co-workers car at the time. The hotel stated they will take care of my vehicle. When I spoke with the hotel and advised them of my medical bills I haven’t heard from them. In the interim I had file a claim with with the insurance of the car that hit me. Can I choose to file my claim with either party?
Asked on May 16, 2017 under Accident Law, Washington
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The employer is liable for the negligence of an employee which occurs during the course and scope of employment. You should file your claim in writing with the hotel's insurance carrier. The property damage claim (cost of repairs to your vehicle) is separate from your personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss. Your claim filed with the hotel's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the hotel's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file a lawsuit for negligence against the hotel. Your lawsuit should also name the driver as a defendant.
If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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