Car accident in company parking lot

[akabrien]

What is the name of your state? CA

Help, I need legal advice.

I was involved in a car accident in my company parking lot almost a year ago. The other driver, an employee from our China office, was driving a rental car and hit me on my driver's side as I was coming into the parking lot. The other driver failed to stop while crossing the main entrance of the lot.

The accident was reported to my company's workmen's comp dept. as well as the rental car company and my personal car insurance company. To date, I have not consulted an attorney.

Everything has been handled through workmen's comp thus far. I sustained injuries to my neck and back. Because the claim is being handled through workmen's comp, I've had to get referrals, prescriptions (for everything), then workmen's comp authorizations before getting anything done. It has been a very frustrating experience. I have remained patient, but have dealt with the following:

- Treatment has been delayed because of workmen's comp authorizations (first authorization took 8 weeks...)

- Injury has improved but I'm not fully recovered. Used to be very active, ran a lot. Can no longer run without having an impact on my back. Have not been able to sleep on my sides since the accident. Have trouble sleeping some nights.

- Have paid for things like Icy Hot ointment, heat packs, massage, sleep aids, etc. out of my own pocket. Now I'm being told that none of this will be paid for because I need authorization. I'm sorry but when my back tightens up and I need relief, I'm not going to go see my doctor to get a prescription for massage, then wait for an authorization - this would take weeks...

Summary: I have not been treated right by workmen's comp since the beginning. Do I have to continue to do things through them? The rental car claims adjuster has been fine, but what part do they play in all of this? I have two years to settle my claim with them, but the workmen's comp people are telling me I shoudn't settle anything without discussing with them. And now, workmen's comp sends me a letter saying my doctor has indicated permanent impairment and that I will have lifetime medical benefits because of my injury. They want me to sign a piece of paper saying that indemnity is payable at $220 per week in the sum of $1122. A life pension of N/A per week thereafter...What does this mean? Is that it for everything I've been through??? What about the third party?

I don't know what to do. Should I seek legal advice?

Thanks,
Frustrated

[fejee]

Originally Posted by akabrien

What is the name of your state? CA

Help, I need legal advice.

I was involved in a car accident in my company parking lot almost a year ago. The other driver, an employee from our China office, was driving a rental car and hit me on my driver's side as I was coming into the parking lot. The other driver failed to stop while crossing the main entrance of the lot.

The accident was reported to my company's workmen's comp dept. as well as the rental car company and my personal car insurance company. To date, I have not consulted an attorney.

Everything has been handled through workmen's comp thus far. I sustained injuries to my neck and back. Because the claim is being handled through workmen's comp, I've had to get referrals, prescriptions (for everything), then workmen's comp authorizations before getting anything done. It has been a very frustrating experience. I have remained patient, but have dealt with the following:

- Treatment has been delayed because of workmen's comp authorizations (first authorization took 8 weeks...)

- Injury has improved but I'm not fully recovered. Used to be very active, ran a lot. Can no longer run without having an impact on my back. Have not been able to sleep on my sides since the accident. Have trouble sleeping some nights.

- Have paid for things like Icy Hot ointment, heat packs, massage, sleep aids, etc. out of my own pocket. Now I'm being told that none of this will be paid for because I need authorization. I'm sorry but when my back tightens up and I need relief, I'm not going to go see my doctor to get a prescription for massage, then wait for an authorization - this would take weeks...

Summary: I have not been treated right by workmen's comp since the beginning. Do I have to continue to do things through them? The rental car claims adjuster has been fine, but what part do they play in all of this? I have two years to settle my claim with them, but the workmen's comp people are telling me I shoudn't settle anything without discussing with them. And now, workmen's comp sends me a letter saying my doctor has indicated permanent impairment and that I will have lifetime medical benefits because of my injury. They want me to sign a piece of paper saying that indemnity is payable at $220 per week in the sum of $1122. A life pension of N/A per week thereafter...What does this mean? Is that it for everything I've been through??? What about the third party?

I don't know what to do. Should I seek legal advice?

Thanks,
Frustrated

u also have a 3rd party liability claim against the driver of the rental vehicle. the rental company is most likely self-insured and therefore may be responsible for upto the state's statutory limit of $15k as owners of that vehicle. unless the rental driver paid some money for additional protection. if the driver of the rental car was in the scope and course of his employment, then u may also have a claim against his employer(which i understand is also ur employer). u must inquire into this, and also check your own auto policy to see if u have coverage for medical payments. most calif insurers offer med pay with limits of $5k or more. if there is higher policy limits under the rental drivers personal or employer's commercial auto liability policy, u'd be better off pursuing ur claim thru them.

good luck 2 u.

[akabrien]

I appreciate the response!