Who can be held liable?

cuckootx · #1 07-10-2006, 01:16 PM

What is the name of your state? Texas

I was injured at work by a third party and they only had $25,000 in liabilty ins. My company has "Terms and Conditions" for suppliers that requires a minimum of $500,000 in liability ins. The supplier that sent the third party agreed to the "T & C" and has more than $1,000,000 in liability ins. My attorney has filed suit, but is dragging his feet in answering my questions. Can the supplier be held liable? My atty. tried to get me to accept 1\3 of the $25,000 and sign papers releasing every one from liability, but I was paying attention. Can anyone shed light on this? It has been a year and a half and no progress is being made.

moburkes · #2 07-10-2006, 01:49 PM

Quote:

Originally Posted by cuckootx

What is the name of your state? Texas

I was injured at work by a third party and they only had $25,000 in liabilty ins. My company has "Terms and Conditions" for suppliers that requires a minimum of $500,000 in liability ins. The supplier that sent the third party agreed to the "T & C" and has more than $1,000,000 in liability ins. My attorney has filed suit, but is dragging his feet in answering my questions. Can the supplier be held liable? My atty. tried to get me to accept 1\3 of the $25,000 and sign papers releasing every one from liability, but I was paying attention. Can anyone shed light on this? It has been a year and a half and no progress is being made.

So you were involved in an auto accident, and you were not at fault. The at fault party was driving for work or you were driving for work? Please explain in more details, because I have no idea what you are attempting to say. And why do you think that you should get $25,000 or more? What are your injuries? Did you get coverage under your own policy for med pay or PIP?

ecmst12 · #3 07-10-2006, 01:51 PM

I don't think this is an auto accident, I think OP posted in the wrong forum.

cuckootx · #4 07-10-2006, 01:54 PM

I was standing between a company forklift and the third party 24' truck. The truck backed up into me, pinning me between the truck and a pallet. The truck had no back up warning alarm. I had 39" of intestines removed and had back surgery to repair a herniated disc. Worker's comp. has paid for the medical bills, but I am still suffering from abdomial cramping that dr's have been able cure. I am seeking financial compensation for the 9 months of my life that have already been taken away and the years of pain ahead for my injuries. Does this help?

moburkes · #5 07-10-2006, 01:54 PM

Quote:

Originally Posted by ecmst12

I don't think this is an auto accident, I think OP posted in the wrong forum.

Okay! I was absolutely baffled, so thank you.

cuckootx · #6 07-10-2006, 01:57 PM

Sorry I didn't mention the truck in the first post. This is my first time. Maybe this belongs in another thread?

#7 07-10-2006, 01:58 PM

Quote:

Originally Posted by moburkes

Okay! I was absolutely baffled, so thank you.

After reading post #4, I think he is on the correct forum...maybe!!

ecmst12 · #8 07-10-2006, 02:28 PM

Can you get a pain and suffering settlement from Worker's Comp?

Did the person's employer also have liability coverage on him, in addition to his personal coverage?

moburkes · #9 07-10-2006, 02:42 PM

Quote:

Originally Posted by ecmst12

Can you get a pain and suffering settlement from Worker's Comp?

Did the person's employer also have liability coverage on him, in addition to his personal coverage?

His personal insurance shouldn't pay. Maybe his commercial policy only had $25000 per person coverage?????

cuckootx · #10 07-10-2006, 05:53 PM

I will get a settlement from W\C when I reach "Maximum Medical Improvement", but will have to take the reduced settlement in order to get lifetime medical coverage. The only ins. available is the $25000 auto liability and the company that sent the truck that has $1 million in auto liability. Just wanted to know if they can be held liable. It was a commercial vehicle, with commercial ins.

ecmst12 · #11 07-10-2006, 07:49 PM

That depends on how the policy is written.

You Are Guilty · #12 07-11-2006, 09:34 AM

And to answer what I think was a question from the first post, you, as an individual, cannot sue the supplier for its (alleged) failure to obtain the contractually required insurance. (Well, you "can" sue, but it would be dismissed for lack of standing).

ecmst12 · #13 07-11-2006, 01:53 PM

However if the supplier is the at-fault party's employer, and that employer had additional liability coverage on its employee, then that coverage might "fill the gap" left by the employee's low limits of coverage on his individual policy. Again, a lot of ifs.

cuckootx · #14 07-11-2006, 02:46 PM

Quote:

Originally Posted by You Are Guilty

And to answer what I think was a question from the first post, you, as an individual, cannot sue the supplier for its (alleged) failure to obtain the contractually required insurance. (Well, you "can" sue, but it would be dismissed for lack of standing).

So even though the supplier agreed to the "Terms and Conditions" required by my employer's Purchase Requisition, they cannot be held liable? I have a hard time understanding why it is so easy for some to get away with gross negligence(in my opinion) and I can't drive down the street with a tail light out on my vehicle.

You Are Guilty · #15 07-11-2006, 02:59 PM

Quote:

Originally Posted by cuckootx

So even though the supplier agreed to the "Terms and Conditions" required by my employer's Purchase Requisition, they cannot be held liable? I have a hard time understanding why it is so easy for some to get away with gross negligence(in my opinion) and I can't drive down the street with a tail light out on my vehicle.

To be honest, I'm still unclear as to who everyone is in this story, but in a nutshell:

If you an an employee of a company that utilizes the services of a supplier, and part of the contract between your employer and the supplier is the supplier will obtain and maintain X amount of insurance coverage (very common requirement), with very few and rare exceptions*, you as the employee have no legal right to "force" the supplier to actually get the required coverage. That claim belongs to your employer, who would bring a breach of contract suit for failing to procure requried insurance.

Of course, that doesn't preclude you from suing the supplier anyway - it's not your problem how they pay any potential judgments.

* It would take too long to get into the exceptions, but if you're interested, do a search for "third party beneficiary texas".