Personal or Company Insurance

[Plinn]

What is the name of your state? PA

My wife was in a car accident while she was driving her company car, which is covered by her company's insurance. The accident took place during normal work hours.

The other driver admitted fault and was cited for running a red light.

The company's insurance policy has "full tort" coverage, while our personal insurance coverage is "limited tort". If we decide to sue, which insurance coverage option applies?

 

[seniorjudge]

What is the name of your state? PA

My wife was in a car accident while she was driving her company car, which is covered by her company's insurance. The accident took place during normal work hours.

The other driver admitted fault and was cited for running a red light.

The company's insurance policy has "full tort" coverage, while our personal insurance coverage is "limited tort". If we decide to sue, which insurance coverage option applies?

Who had damages and what were they?

(Y'all don't have a contractual relationship with the company's insurance.)

 

[Plinn]

My wife suffered several fractures of the pelvis bone on her left side. She is expected to make a full recovery, but she will not be able to work for at least four months. She is on crutches and is not permitted to put any weight on her left leg for at least 2 months. She was in the hospital for 4 days after the accident.

My thought was that my wife's comapny's auto insurance was providing financial responsibility for the car, so their election of "full tort" would be governing in this case.

 

[seniorjudge]

My wife suffered several fractures of the pelvis bone on her left side. She is expected to make a full recovery, but she will not be able to work for at least four months. She is on crutches and is not permitted to put any weight on her left leg for at least 2 months. She was in the hospital for 4 days after the accident.

My thought was that my wife's comapny's auto insurance was providing financial responsibility for the car, so their election of "full tort" would be governing in this case.

Obviously, your wife needs to be asking her company this stuff.

Just as obviously, take the route that gives you the most dough the quickest.

 

[You Are Guilty]

If you wife wasn't "on" company business when the accident occurred, your policy will be pri**** (well, not textbook "pri****" since that implies there is other available levels of insurance, but you get the point).

 

[lwpat]

Since your wife was driving a company vehicle, she is covered by workman's compensation. Talk with her company and file a claim. Her recovery against the company is probably limited to the workman's comp but you could file a claim against the other driver if allowed by state law.

 

[You Are Guilty]

If your wife was lawfully driving a company vehicle for business purposes, she is covered by workman's compensation. Talk with her company and file a claim. Her recovery against the company is probably limited to the workman's comp but you could file a claim against the other driver if allowed by state law.

Fixed it for you.

 

[lwpat]

Actually I have never seen a WC claim denied where the employee was driving a company vehicle. I know they are supposed to be on "company business", but the last time this came up with us the WC Board said they were assumed to be on company business since they were driving a company vehicle. Other states may take a tougher stand but most WC claims come down on the side of the employee. This is why a lot of companies have started "leasing" vehicles to their employees or paying mileage.

The company can fight the claim but will likely lose, especially since it was during normal working hours.

 

[You Are Guilty]

Probably correct, but I've seen cases where employees "borrowed" the company van to go drinking; pick up girlfriend; pick up drugs; etc. and then tried to collect, so just in case the OPs wife was out to score some crack, our answer should be clear