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 Posted: Mon Jul 20, 2009 4:51 am Post subject: CAN A TRUCK DRIVER SUE HIS COMPANYS INSURANCE CO? |
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ON 2008 I WAS INVOLVED IN A TRANSPORT ACCEDENT I WAS THE DRIVER WHO WAS IN THE TRUCK,
I RAN INTO ANOTHER TRUCK IN ONTARIO, IT WAS LAYER FOUND OUT THAT I HAD A MEDICAL CONDITION . I HAVE LOST TIME FROM WORK AFTER THE ACCEDENT NOW AND NOW SUFFER FROM POST TRAMATIC STRESS ,
AND MAJOR DEPRESSION , FROM THE ACCEDENT, I WAS CHARGED AT THE SCENE FOR AN ACCIDENT ONLY.
THE CHARGES WERE DROPED AND THE OTHER DRIVER WAS NOT INJURED.
I NOW WILL HAVE NO INCOME AS I AM NW OFF DUE TO THIS POST TRAMATTIC STRESS, I ALSO DID NOT GET
ANY WSIB BENIFITS WHILE BEING OFF DUE TO BEING TOLD I COULD LOOSE MY JOB BY OTHER EMPLOYEES
BUT NOT FROM MY BOSS. I WAS WONDERING IF THERE COULD BE LEAGAL ACTION TAKEN AGAINST MY COMPANYS
INSURANCE COMPANY FOR MY LOST WAGES AND NOW BEING OUT IF WORK, FOR A PROLONGED PERIOD OF TIME.
THANK YOU FOR YOUR TIME |
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NEONKID1234
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| Posted: Mon Jul 20, 2009 7:08 am Post subject: |
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Hi Neonkid1234,
Ive to know a couple of things before I could comment any further.
| Quote: | | I WAS CHARGED AT THE SCENE FOR AN ACCIDENT ONLY. |
Does this mean that you were being taken to be 'at-fault'?
Did you have PIP coverage?
Steven |
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steven
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| Posted: Mon Jul 20, 2009 7:44 am Post subject: |
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| In my opinion this would be a step worth considering. Even you can sue your Employer where you were working but you will have to submit your claim first with your employer |
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Neetalia
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| Posted: Mon Jul 20, 2009 11:47 am Post subject: |
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Why wouldn't you have been drawing workers comp? You were not 'physcially' injured, but 'emotionally' is that what you are saying? Why were you at fault for the accident? Was the other driver killed? Are you a resident of the US or Canada?
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Lori
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| Posted: Mon Jul 20, 2009 3:30 pm Post subject: reply to questions |
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hello and thanks for the quick reply, i was a worker for the company, i was told i was not intitled to wsib, i have no applyed for wsib claims, i was at fault, i ran into another slow almost stoped truck , this was dne while working in the company truck . i am a canadian ontario resident, and no the other driver was not injured at all but his trailer was wrote off, i have no idea what pip coverage is as i am an ontario canada person, maybe its similer to wsib, i was well known threw drivers that a wsib claim ment possable termination although the company never came out and said that, they can make you not work with the way a truck drivers jobs go,
any more info i would be interested in adding,
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bigb
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| Posted: Tue Jul 21, 2009 3:44 am Post subject: |
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Hello Neonkid,
Without knowing the policy verbiage it's difficult to comment whether it would yield to sue the insurance company or not. Lori has forwarded a very important question, what is the insurance company's argument about denying the claim? Can you check with the policy language and let us know about the coverage you are entitled to?
| Quote: | | i was told i was not intitled to wsib, i have no applyed for wsib claims, |
Who has told you that?
~ Jeremy |
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JeremyHolter
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| Posted: Tue Jul 21, 2009 9:38 am Post subject: |
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| Quote: | | i was well known threw drivers that a wsib claim ment possable termination although the company never came out and said that, they can make you not work with the way a truck drivers jobs go, |
Didn't they ever tell you the cause that had been shown before releasing them off work? |
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steven
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| Posted: Tue Jul 21, 2009 10:26 am Post subject: |
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| Quote: | | well known threw drivers that a wsib claim ment possable termination although the company never came out and said that, they can make you not work with the way a truck drivers jobs go |
But really at this point what difference would that make? You aren't working now anyway right? I (unfortunately) don't know squat about Canadian insurance laws, but if I were in the possition that you are in I'd try to file for this. Although, frankly, if it's anything like the US I think you're going to have a problem proving PTSS from the accident as you discribe it. But again, I haven't a clue how Canada deals with such claims either.
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Fri Oct 16, 2009 5:04 am Post subject: Truck driver in accident |
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What rights do I have as the person involed in a accident with no fault and had a head injury plus more injuries to the body can i sue the other person insurance or if no insurance can i sue my insurance.
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want to know
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| Posted: Fri Oct 16, 2009 12:39 pm Post subject: |
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[quote]What rights do I have as the person involed in a accident with no fault and had a head injury plus more injuries to the body can i sue the other person insurance or if no insurance can i sue my insurance.[quote]
Need more info on your first question. Second question would be, no and no. |
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Trench
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