Wreck, Forced to Work Off the Clock

[jaimelopez]

What is the name of your state? New Mexico (Albuquerque)

I used to work for Car Quest Auto Parts as a delivery driver until August of 2002. One day in August of 2002 I told my boss that I had a doctor's appointment at noon. He told me that was fine and I could just use my lunch hour for the appointment. However, right at noon a delivery needed to be made and there were two other drivers besides me there at the time. My boss told me to take the delivery and I reminded him of my appointment. He told me to clock out and take the delivery in my own vehicle before I went to my appointment. I told him that I would be late for my appointment if I took the parts and he said, "Take the ****ing parts or go home and don't come back. It's your choice." So I took the parts but on my way to the second delivery a pickup truck turned in front of me at an intersection and I t-boned him, totalling my car and racking up a $2000 hospital visit. I would not have even been in that area if I hadn't been forced to make the deliveries. I'm pretty sure that the statute of limitations is up for any WC claims but is there anything else I can do?

I know you're probably thinking why it took so long for me to want to do anything but I didn't think there was anything I could do. Please help. Thanks,
Jaime Lopez

 

[jaimelopez]

Please help if you can because I don't even know where to start, if I even can start.

 

[jaimelopez]

Bump bump bump

 

[jaimelopez]

Thanks for all the help. Is this message board really for legal advice or is it just a place to hang out, bs, and put down others?

 

[newlywed03]

It's been over 2 years. I think your ship has sailed on this one. You will need to contact an attorney, you might find one to at least give you a free consultation.

Was the other driver cited? If he turned in front of you, the accident was his fault and that's where you needed to go for compensation. You should have contacted HIS insurance company and file a claim.

Are you insured? Your own insurance would have covered the damage to your car if you had collision coverage (less the deductible, the reason I say to contact his carrier first).

Your employer's "non-owned" auto coverage would have only provided liability coverage (damage to others), not damage to your car. As for workers comp, did you tell the doctors that treated you that you were involved in the accident while working? If you had, then they would have treated it accordingly and the ball would have been rolling for a claim (there's paperwork that gets filled out). The biggest problem is that you clocked out. Your employer can say that you weren't "on the clock" making the deliveries. What did your employer say about the accident?

Like I said, I think you could have had a chance if you'd acted earlier, now I'm not so sure. Also, you said you worked there until 8/2002 and the accident occurred then.......did you leave becuase of the accident? Any claim/suit you try now might be looked at as a disgruntled former employee (their words, not mine).

Sorry, I wish I had something better to tell you.