by Guest » Tue Jan 22, 2013 11:11 am
Hello,
I recently was in an accident on the clock while transporting my DD clients. When I began working for the company I asked my boss if I needed to tell my insurance company I was using my personal vehicle for work and pay for commercial ins. My boss insisted that having commercial ins was not necessary and that I shouldn't mention I would be using my car for work to my ins company. My two clients and I were rear ended in a 4 car collision where I was found with 0% fault. Both my clients and I were seen in the hospital the night of the accident and racked up serious bills. When my ins company found out my car was not damaged (thanks to my massive tow hitch) and that I was working at the time of the accident they told me it was for LI to handle and most recently told me they were dropping me for non disclosure. I am also responsible for going after the at fault party for my two clients unpaid medical bills. All the while I find out I don't make enough to pay for commercial ins and the company doesn't have non-owned vehicle liability ins. I have been told by the company it is my responsibility to figure it out and if I don't get covered by another ins company I'll get fired as driving clients is a condition of hire. So is there negligence on my employers behalf for failing to provide coverage or at least notify me I needed to provide it? It's impossible to find info regarding this issue? Thanks
Posted: Wed Jan 23, 2013 05:38 am Post Subject:
My boss insisted that having commercial ins was not necessary and that I shouldn't mention I would be using my car for work to my ins company.
andis there negligence on my employers behalf for failing to provide coverage or at least notify me I needed to provide it?
There very well may be negligence on the part of your employer to fail to inform you of the need to obtain a "business use" endorsement on your personal auto policy (or, in your case, he directed you not to inform your insurance company -- because he knows better). That likely would have required an increase in liability limits on your policy and, of course, the premiums on your insurance would also go up.
There may be state law in your state that requires your employer to provide this coverage to you. This you can find out from the state agency that enforces workers' compensation laws in your state (in CA, for example, it is call the Dept of Industrial Relations). You should contact the agency and discuss the matter with them. There may be an enforceable action against your employer that they would be happy to handle.
I am also responsible for going after the at fault party for my two clients unpaid medical bills.
Not so!Your passengers need to make claims for their medical expenses under your employer's Workers' Compensation policy (Part II - Employer's Liability). The WC insurance company will go after the at fault party under their right of subrogation. Any of your personal medical bills related to the collision are also supposed to be paid under the Worker's Compensation policy (Part I - Workers' Compensation (Statutory Claims)). If you have paid for any of that with your own money, turn those receipts over to your employer's Workers' Comp insurance company for reimbursement. Anything paid for by your own health insurance is reimbursable from the WC insurance company.
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