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Old 05-21-2002, 10:10 AM
erose
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hit by company vehicle


YOUR STATE NAME - cal
I was hit by a company vehicle in the company parking lot on company time. I was backing out of my parking space when one of the work trucks came speeding through the parking lot. I was NOT out of the white lines of my parking space when the truck hit my rear bumper dragging the rearend of my car 3 feet to the left. I pulled back into the parking lot, came inside and brought my General Manager out to the parking lot to view the damage and skid marks.
The verbal statement of the worker driving the truck was that he was looking to his right and swerving left to turn into a tight parking space. The verbal statement of the witness, another worker, was that he saw the driver speeding through the parking lot and that he was swerving left to turn into a parking space to his right. He did NOT see the impact but has admitted that the worker was driving far too fast in the parking lot.
The human resources person at my company, I feel, has mishandled this from the start. I gave a recorded statement to my company's insurance company but refused to give my social security number or to contact my insurance company because I don't want my rates to go up.
At the time of the accident I was told by the General Manager that my bumper would be replaced by the company and that I shouldn't worry about it. Now it has been a month and I recieved a letter from my company's insurance company stating that "due to photos" and their assessment I hit their insured vehicle and they aren't going to pay. I wasn't aware that photos had been taken but apparently the human resources person took them without asking or telling me.
1. I feel that my company's human resources person is not keeping me informed and that she has clearly taken the side of the driver of the work truck. Do I have a legal complaint about that? Can I file for discrimination?
2. Is the witness of the accident required to provide a statement considering it can significantly impact the appearance of the accident? Can I demand that he do so?
3. If the statement of the General Manager and others who were on the scene minutes after the accident, and heard the driver of the truck make certain verbal statements, support my statement, may they be requested to make statements? If so, do those statements carry any weight?
4. Are there any laws supporting me if I feel the human resources person has purposely mishandled the situation in order to drag the procedure out?
5. Do I have a case for the stress that fighting the human resources department of my company for any information has caused me?
6. The human resources person told me that I wouldn't be able to file for Workers' Compensation since I was getting ready to leave work but I am a)salary, b)was still on company property, and c) was hit by a company truck. Is she correct?
HELP!!!
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