My father was injured in a car accident when he was in his boss' car to work. He was sent to the hospital and is suffering with post traumatic migraine now. Does my father has the right to claim against his boss' auto insurance for coverage of the medical and other monetary compensation?
What if the accident was not due to any party's fault?
Answer by Gefilte Girl
Yes he does, that's what the insurance is for, it doesn't matter whose fault it is, they don't let people die just because they made a wrong turn, do they?
Answer by tpmccarthy@sbcglobal.net
If he was on the job, the sole remedy against the employer is via workers comp. Whether he can sue the boss, and thus get the boss's insurance to pay, depends on whether the boss is separate from the employer. So, if the employer is a corporation, there might be a separate claim against the boss. If the boss is the sole proprietor of the employer, then he and the employer are the same. On the other hand, taking legal advice on this site is dumber than taking legal advice from your bar tender. Most lawyers will be glad to consult with him, free, concerning the viability of both workers comp and a separate claim. If no one was at fault, then workers comp is the best approach. A lawsuit for damages other than workers comp requires a showing of negligence.
Answer by Phoenix: Blow me down!
Your father should speak with a representative at the driver's insurance company about filing a claim.
Your father should also look into his own auto insurance covering his injuries. They might even go to bat for him with the driver's insurance to get them to pay for the medical costs.
Answer by john
if your father was being paid while he was in the car at the time of the accident most likely that would be handled by workers compensation if they refuse the claim and he was being paid go get an attorney. Now if he was not on the job he should be abel to get medical bills paid by the insurance after that it would turn in to a civil case
Answer by Vernon C
Depends on the policy, but there should be coverage for medical bills, but not damages, that will be from the other persons insurance.
Answer by rickinnocal
If he was simply 'carpooling' with his boss on their way to work, then yes, he can claim from his bosses car insurance. If they were already 'at work' - eg riding together to go see a customer - then his claim is against his employers workers comp insurance.
Richard
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