[Florida] Middle Car In A Rear End Accident As An IC

[Lee Anne R]

What is the name of your state (only U.S. law)? Florida

I am driving a van as an Independent Contractor for a company incorporated in Bonita Springs (Lee County) Florida for 30 years. Hit from behind at an intersection of US Fed Hiway 41 in a dedicated left turn lane by a woman who was DUI. Tapped the car in front of me, no damage. Went to ER and no orthopedic dysfunction noted. I am experiencing low back pain and lower limb numbness not before known.

I am/was insured but my insurance company is declining my claim for Personal Insurance Protection.

Here is my set of questions and thanks to all in advance.

Who do I seek repayments for ER costs and how do I do this?
Who is responsible for any existing and future medical costs from my injury?
Is this a Work Comp claim?

 

[FlyingRon]

OK, you've left out some details.

Did you own the van?
Why did your insurance company decline to pay?

At this point, you're likely to have to sue someone, most likely the person responsible for the injuries. I'm only guessing at this point but I assume you hit the car in front of you only because the car that rear ended you drove your vehicle forward?

What is your exact relationship with the employer? How do you get your assignments? When do you get to come to work, etc...

 

[Lee Anne R]

OK, you've left out some details. Did you own the van?

No, it is owned by the floral company who employs me as a part time driver.

Why did your insurance company decline to pay?

My insurance company is saying that I should be covered by the employer's insurance. The employer's insurance is saying that they are not responsible for Personal Injury Protection (pip) for me and that we should seek Workman's Comp. for monetary satisfaction.

At this point, you're likely to have to sue someone, most likely the person responsible for the injuries. I'm only guessing at this point but I assume you hit the car in front of you only because the car that rear ended you drove your vehicle forward?

Correct. The lady who hit me was DUI.

What is your exact relationship with the employer? How do you get your assignments? When do you get to come to work, etc...

My employer is a work friend, I get my assignments (routes and delivery info) from the employer. I only drive Saturdays 9-5ish, an occasional Valentine's Day or Mother's Day when extra help is needed.

I believe that you may be right about the need to litigate so next stop is at my 'friendly' personal injury attorney.

Thank you, btw, for your interest!!

 

[Zigner]

No, it is owned by the floral company who employs me as a part time driver.


My insurance company is saying that I should be covered by the employer's insurance. The employer's insurance is saying that they are not responsible for Personal Injury Protection (pip) for me and that we should seek Workman's Comp. for monetary satisfaction.


Correct. The lady who hit me was DUI.


My employer is a work friend, I get my assignments (routes and delivery info) from the employer. I only drive Saturdays 9-5ish, an occasional Valentine's Day or Mother's Day when extra help is needed.

I believe that you may be right about the need to litigate so next stop is at my 'friendly' personal injury attorney.

Thank you, btw, for your interest!!

Actually, you should do as suggested by the insurance company and pursue this through as a work-comp matter. You sound like an employee to me, not an independent contractor.

 

[FlyingRon]

I agree with Zig on this one (which is why I asked some of the questions). You should legitimately be an employee and may have to force the issue to get workman's comp which you should have been eligible if your employer OBEYED THE LAW.

First off, I believe your employers auto insurance is VERY MUCH responsible. They're feeding you a line of bull.