Being involved in a motor vehicle accident is always a distressing experience. However, the situation can become even more complex when the at-fault party is an employee driving a company vehicle. If you have been hit by a company vehicle, you may be entitled to compensation for your injuries and damages. In this article, we will explore the process of settling claims related to being hit by a company vehicle and provide valuable information to help you navigate this often complicated legal landscape.
Liability in Company Vehicle Accidents
Determining Employer Liability
Establishing liability is one of the first steps in pursuing compensation after being hit by a company vehicle. In most cases, employers are responsible for their employees’ actions while performing their job duties. If an employee causes an accident while driving a company vehicle, the employer may be liable for the damages caused.
Vicarious Liability
The concept of vicarious liability comes into play when determining employer liability in company vehicle accidents. Vicarious liability holds employers responsible for the actions of their employees when those actions occur within the scope of their employment. This means the employer can be held legally accountable if an employee causes an accident while driving a company vehicle during work hours or work-related activities.
Negligent Entrustment
In some cases, employers may also be held liable for negligent entrustment. Negligent entrustment occurs when an employer knowingly allows an unfit employee to use a company vehicle, resulting in harm or injury to others on the road. To establish negligent entrustment, it must be proven that:
- The employer entrusted the employee with a company vehicle
- The employee was unfit to operate the vehicle due to incompetence or insufficient training
- The employer knew or should have known about the employee’s incompetence or lack of training
- The employee’s incompetence or lack of training directly caused the accident
Steps to Take After Being Hit by a Company Vehicle
Seek Medical Attention
Your health and well-being should always be your top priority after a motor vehicle accident. Even if you believe your injuries are minor, it is essential to seek medical attention. Some injuries may not be immediately apparent, and delay in seeking medical treatment could negatively impact your health and claim for compensation. Documenting your injuries and receiving a professional evaluation will provide evidence for your case.
Document the Accident Scene
As with any motor vehicle accident, documenting the scene is crucial in establishing liability and supporting your claim. If you are physically able to do so, take photos or videos of:
- The positions of the vehicles involved
- Any skid marks or debris on the road
- Traffic signs or signals at the scene
- Damage to vehicles
- Any visible injuries
Additionally, gather contact information from witnesses who may have observed the accident.
Report the Accident
One of the first steps you should take after being hit by a company vehicle is to report it to the appropriate authorities. Contact local law enforcement and provide them with accurate details about what happened. An official police report can serve as essential evidence when filing a claim.
Gather Evidence
To strengthen your case, gather as much evidence as possible about the accident. This includes:
- Contact information and statements from witnesses
- Copies of any medical records or bills related to your injuries
- Photographs or videos of the scene (as mentioned earlier)
- A copy of the police report
- Any other relevant documents, such as repair estimates for damage to your vehicle or personal property
Notify Your Insurance Company
Contacting your insurance company promptly is crucial after a motor vehicle accident. Notifying your insurance company is necessary to start the claims process, whether you believe the other party is at fault or if an employer’s insurance will ultimately be responsible. Your insurance company can guide you through the essential steps and advise you on how to proceed.
Settling a Claim After Being Hit by a Company Vehicle
Hiring an Attorney
Navigating the legal complexities of settling a claim after being hit by a company vehicle often requires an attorney’s expertise. An experienced personal injury attorney knowledgeable in motor vehicle accidents can assist you in understanding your rights, building a solid case, and negotiating with insurance companies or representing you in court if necessary.
Evaluating Damages
When settling a claim, it is essential to comprehensively evaluate all damages resulting from the accident. Damages may include:
- Medical expenses (including past and future medical treatment)
- Loss of income and earning capacity
- Property damage (including repairs to your vehicle)
- Pain and suffering
- Emotional distress
To ensure that you receive fair compensation, thoroughly documenting all expenses and losses related to the accident is crucial.
Negotiating with Insurance Companies
After gathering evidence and evaluating damages, it’s time to negotiate with relevant insurance companies. This process may include:
- Submitting a demand letter: Your attorney will draft a demand letter outlining the details of the accident, liability, damages suffered, and your requested compensation.
- Responding to offers: The at-fault party’s insurance company may respond with an initial settlement offer. Your attorney will review this offer and advise on whether it is reasonable or requires further negotiations.
- Counteroffers and negotiations: In response to the initial settlement offer or subsequent counteroffers, negotiations between your attorney and the insurance company can commence. It’s essential to have an experienced negotiator who can advocate for your best interests during this process.
- Settlement agreement: If both parties reach a compensation agreement, a settlement agreement outlining the settlement terms will be drafted.
Going to Court
In some cases, taking a claim after being hit by a company vehicle to court may be necessary. Litigation can occur if a fair settlement cannot be reached through negotiations or the insurance company denies liability. Your attorney will guide you through the court process, presenting evidence and advocating for your rights before a judge or jury.
Statute of Limitations
It’s important to note that there are time limitations, known as statutes of limitations, within which you must file a claim. These limitations vary depending on the jurisdiction and the nature of the claim. Consult with an attorney as soon as possible to determine your case’s applicable statute of limitations.
Conclusion
Being hit by a company vehicle can lead to significant physical, emotional, and financial burdens. However, by understanding the process of settling claims related to these accidents and seeking professional legal guidance, you can ensure that your rights are protected and pursue fair compensation for your injuries and damages. Remember to prioritize your health, gather evidence, notify authorities and insurance companies promptly, and consult with an experienced attorney who can navigate this complex area of law on your behalf.
