Terminated. However, auto accident during a recent busi. trip has not been resolved

[celesking]

What is the name of your state? NYS

I need some advice. This is a long one.

I worked for very small management consulting firm (25 people) based in NYS for three years and was just terminated last Friday. I was not making much money for the firm because I was not billable for the most part of last year ('07). My last project in another state (CT) did not go well and the client complained about my on job performance, so I was shown the door. I had no problem with this and I know that my time was up with the company.

However an issue did come up. I rented a car under my personal name using my personal credit card (American Express) during my business trip (we don't have business credit card). I declined all coverages offered by the rental company (Enterprise) because I had a generally impression that you don't need to take those coverages because the credit card company will cover that. I also assumed that my company will take care of it if something happened.

We did have a business account at Avis. Since there is no Avis around where I live. I went to the nearest Enterprise to take out the rental. At the time of renting the car, I did not recall that another consultant (not the company HR ) has setup a business account (with on insurance added) with Enterprise and sent out an e-mail last year. This did not register to me when I rented my car. It ended up causing me problems.

I managed to hit a deer in CT during my business trip (last Dec' 07). The front bumper was damaged. I quickly checked the car and there were several crakes. Since I did not know where I was and there were no gap stations near by, so I ended to drive back to hotel and sorted things there. So I left the scene of the accident. Bad thing. Now I know that I should have stayed. I did go to the local police state to file a report because I knew that I needed one (two hours after an accident). The local police department wrote up a report for me. No problem there.

I filed a claim with the Credit Card company that very night and then with my personal auto insurer a few days later. Since this really happened during a business trip, both asked for business insurance coverage info. However my HR (one-woman show) told me that our business insurance would not coverage the damage and we could not even file a claim because I took the car out under my personal name. So now a month later, unemployed, I am still trying to get that information to the Credit Card and my personal auto insurer so that my claims can be processed. I understand that my ex-employer probably does not have a very good policy or there are clauses in the policy that will not coverage my unique situation. Credit Card and my auto insurer were looking a denial letter. There were some ping-pong going on among my ex-employer, its insurance broker, and the insurer. No one wanted to produce an evidence that my case is not covered. Then I asked my ex-employer to produce a written statement, indicating that my case is not covered under the company business insurance policy. Still waiting on that one.

Since I am no longer with the company now, they are not responsive to my questions and requests to business insurance information. The auto damage is about 5K. I am not really sure who is the primary here, my ex-employer or my personal auto insurer. The credit card company, as I am finding out, will cover the damage (as the secondary insurer) if both my claims (business and personal ones) are denied. In the very end, it could be that my insurer will pay for it and my insurance premium will go up.

I am not sure if I will have a strong case to sue my ex-employer for the damages that occured. I really dont' want to go that route. However, do I have another option. At least it is lesson learned for me -- expensive one.

Thanks in advance.


Henry, NY

 

[cbg]

Let's see.

YOU opted to use a rental company where there was not a business account.

YOU turned down all the insurance.

YOU hit the deer.

YOU left the scene of the accident.

And you think you can sue your employer because....?

 

[ecmst12]

You do not need to file a police report for hitting a deer. The deer is not going to sue you. But you did, no big deal.

Your personal auto insurance should cover this under Comprehensive coverage, since hitting an animal is not considered "collision". Your premiums will NOT go up for filing a Comp claim. You are NOT at fault for hitting the deer. The credit card will apparently cover your deductible, and you will have no more problems.

 

[celesking]

My dilemma is now to produce the business insurance related info that American Express and GIECO are looking for so that my claims can move forward. The deer-hitting accident really happened during the business trip (I have all the busiiness-related receipts to approve the case). So they are rightly looking for those information in addtion to my personal auto insurance coverage info.

There are now only verbal claims that business liability insurance will not covere it (maybe it is true). However there are no written documents (an offical deny letter or a letter from my ex-employer starting the fact) to backup the claim. Another note, I could NOT understood why my ex-employer claimed that they could not even file a claim. Maybe they just did not want to deal with this case.

It is a lesson learned.

Henry, NY

 

[ecmst12]

Unless your employer has AUTO insurance in the business name, for company cars etc, I don't see what insurance they could have that would be applicable here. I don't think general business liability insurance would apply here. Does your employer have auto insurance?

 

[xylene]

Geico

See, thats the hold up here... Your insurance carrier is a notorious slow / no payer.

If they have some demand on your ex employer, tell them

"I am no longer privy to that information as I have been discharged."

Make them do their damn job --- themselves.

If your company had some liability, your insurance would sue them.

You don't need to sue anyone.

If you are sued by enterprise, DEMAND full defense from your auto insurance carrier.

PS - Cut up your american express card. The perks and protection are absolute BS.

 

[celesking]

Terminated. Pending auto liability

BTW, our small business does have some sorts of business liability insurance. I am assuming that we have some very basic coverages -- not the umbrella type. I am not sure that we have auto insurance under the business name / an auto insurance rider.

However, the another consultant who happened to set-up the Enterprise business account (did not choose the insurance coverage option at the beginning ) also hit something in CT. The business account information was not well-known since it was passed around via an e-mail (not coming from company HR or written into the Employee Handbook). Our company, was able to file his claim because his rental agreement contract is under the company name (our HR lady said that the other consultant lucked-in). His case is still pending. In his case, MasterCard will pay a deductible and whatever is left is paid by the insurer. I think that our business also is on hook to pay a small deductible). My case is in the 'no man land' and I am assuming that it will be dragging on for a few months.

Sorry this thread should have been under other category. I thought that I have the merit to sue the company on the ground that those rental rules should have been clearly documented as policies and procedures in our Employee Handbook and communicated effectively. I also made an assumption that the company will eventually take care of the situation if something happened during a business trip. I do admit that I did not ask enough questions and foolishly rented a car under my name, thus taking on some personal labiality without understanding those ramifications.

I'd like to thank those who responded to this thread.

Henry, NY