advice on a 3rd party involvement

[ravenzsky]

Texas

In 2004 I was at a red light in my car with my husband, sitting on the passenger side. A construction company was moving a large peice of concrete with a chain , apparently the weight of the concrete was too much and the chain broke sending a peice of link through my window. The window seemed to explode in my face from the impact. Some of the workers stood there looking while my husband tried to look for the foreman. An ambulance was called and I had to go to the ER to see if i had glass fragments in my eyes. I had little cuts all over me but very lucky no big cuts on my face. My eyes were flushed and I was given a cat scan because I was having alot of head pain. I handled this case myself and later settled witht he construction co's ins. My question is am I able to collect a settlement from the city since they are the ones who hired the construction company? I am 4 months away from the 2 year anniversary.

 

[lwpat]

I see. You collected from one party and now want to collect again from someone else for the same accident. Greedy little bugger aren't you.

 

[racer72]

Read the release you signed when you settled with the insurance company. You waived your rights to hold any other parties liable for the accident. It is also very likely the contract the construction company had with the city required liablility insurance and any suit against the city would automatically deferred to the insurance company that already paid. What you propose is also called double dipping and really makes insurance companies angry.

 

[shell007]

Read the release you signed when you settled with the insurance company. You waived your rights to hold any other parties liable for the accident. It is also very likely the contract the construction company had with the city required liablility insurance and any suit against the city would automatically deferred to the insurance company that already paid. What you propose is also called double dipping and really makes insurance companies angry.[/QUOTE]

It makes me angry too!

 

[CdwJava]

The construction company likely indemnified the city for a $million plus ... so, unless your claim has exceeded that amount, you had your shot at the apple and you settled.

Cities tend to require that contractors hold the primary insurance.

So, unless you can show that the city was somehow negligent and contributed to this accident (and I doubt the city manager was at the controls of whatever was hauling the concrete), you have your settlement.

And, I hope that there has been no permanent damage to either of you.

- Carl

 

[ravenzsky]

TEXAS
Obviously I am not greedy, I settled this claim myself as I wanted my car fixed , medical bills paid and payment for lost wages.. I did not let an attorney handle it so he could send me to physical therapy for 6 months to run up medical bills and make a good profit for himself and the physical therapy clinic and I end up with nothing , been there done that , never again. BTW, the release I signed does not say I waive the right to hold other parties liable just the insurance company I settled with. There was clearly negligence , the chain was far too light to carry such a heavy load. I even had other drivers pull over and walk up to me and give me their phone number if I needed them to be a witness as they saw how the workers seemed to have a "wasn't my fault" attitude. I really don't care if this makes anyone angry , try having a window explode in your face and see how you react.

 

[ceara19]

TEXAS
Obviously I am not greedy, I settled this claim myself as I wanted my car fixed , medical bills paid and payment for lost wages.. I did not let an attorney handle it so he could send me to physical therapy for 6 months to run up medical bills and make a good profit for himself and the physical therapy clinic and I end up with nothing , been there done that , never again. BTW, the release I signed does not say I waive the right to hold other parties liable just the insurance company I settled with. There was clearly negligence , the chain was far too light to carry such a heavy load. I even had other drivers pull over and walk up to me and give me their phone number if I needed them to be a witness as they saw how the workers seemed to have a "wasn't my fault" attitude. I really don't care if this makes anyone angry , try having a window explode in your face and see how you react.

I'm sure that there WAS negligence involved. But it was by the construction company not the city. As Carl already pointed out, it is unlikely that the city manager was the one at the helm.