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Employer Failure to Report Accident

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jaimelopez

Junior Member
What is the name of your state? New Mexico

I'll try to keep this as short as possible but here is my situation. I was a full time parts delivery driver for CarQuest Auto Parts in Albuquerque, New Mexico.

August 26, 2002:
Just before clocking out, I asked my boss if I could use my lunch hour tomorrow (12-1) for my doctor's appointment. He said that would be fine.

August 27, 2002:
I went to work as usual for what I thought would be a normal day. When noon rolled around I clocked out to go to my doctor's appointment. As I was walking out the door my boss told me to deliver some parts for him on my way to my appointment in my own personal vehicle. I asked that one of the other two drivers there at the time do it because I would be late if I took these parts because the delivery locations were on the opposite side of town from my doctor's office. My boss then told me to take the parts or that I would lose my job. I said okay and started to clock back in but he stopped me and told me to just go and do it on my own time. I made the first of two deliveries and was on my way to the second delivery when a Ford pickup turned in front of me at an intersection (I was drving away from my doctor's office, not toward it) and I t-boned the pickup with my car. I quickly called my boss to tell him what happened and he showed up at the accident scene in his personal vehicle. He came up to me and asked me if the parts were in my car and I told him they were. He took the parts out of my car and left. He DID NOT report this accident to CarQuest either. My car was a total loss and I went to the hospital. All in all, CarQuest cost me about $10,000 in vehicle and medical expenses. Do I have a case, even though it has been well over 2 years since the accident? If yes, what options do I have? If no, why not? Thanks,
Jaime
 
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tjr5150

Member
Not sure if you have a case since it's been well over 2 years....
Using your own vehicle for deliverey that is your own choice but since you were off the clock i'm pretty sure there's nothing you can do about that
 

jaimelopez

Junior Member
tjr5150 said:
Not sure if you have a case since it's been well over 2 years....
Using your own vehicle for deliverey that is your own choice but since you were off the clock i'm pretty sure there's nothing you can do about that
It wasn't my choice. He made me take the parts in my own vehicle on my own time or he said he would fire me. I didn't like the idea of getting fired so I did as I was told. Little did I know until recently, he was wrong in what he did and I'd like to get reimbursed if I can.
 

tjr5150

Member
he is not responible for your car...
did you hit the vehicle or did the other vehicle hit you? if you got hit the other person's insurance should have paid for your car...
 

Beth3

Senior Member
The company is responsble for your medical bills and any lost time. They are not responsible for your vehicle.

I can't tell whether your saying the employer never made a worker's compensation claim for YOU or whether you're just talking about your vehicle. If your employer never filed a WC claim for your injuries, then contact your State's Worker's Compensation Division. They'll have to advise you whether too much time has passed for you to pursue this.
 

jaimelopez

Junior Member
Beth3 said:
The company is responsble for your medical bills and any lost time. They are not responsible for your vehicle.

I can't tell whether your saying the employer never made a worker's compensation claim for YOU or whether you're just talking about your vehicle. If your employer never filed a WC claim for your injuries, then contact your State's Worker's Compensation Division. They'll have to advise you whether too much time has passed for you to pursue this.
I am saying that my boss swept this accident under the rug. He cautiously came to the accident scene, inquired about the parts and nothing else, put them in his truck, then he left. He never informed CarQuest of the accident. So they are not responsible for my vehicle even though I was forced to use my vehicle to do work for them off the clock or face termination? They have delivery trucks for delivery purposes but my boss made me take MY own vehicle. I'm not trying to argue but what happened is not right and surely something can be done to right this wrong.
 

Beth3

Senior Member
I understand what you're asking but it is highly unlikely that your employer is liable for damages to your vehicle. That's why you have auto insurance on your vehicle.

If you want to know with absolute certainty what the laws are in your State, then you need to speak with an attorney however since it's two years after the fact, even if by chance they were liable it may well be too late to pursue anything.
 

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