Employee Auto Accident

[Security Assistant]

Employee rear ended truck, truck driver now suing for damage to truck and soft tissue injuries (which he claims to be $10,000). When asked at scene, truck driver said he was not hurt, refused medical assistance. Insurance not paying because car was listed as personal insurance not commercial. Should we obtain an attorney? Do we need to have an independent repair shop also estimate the damage to this truck or trust his estimate? If we settle with truck driver for this amount do we need him to sign some form of release so that future medical bills do not arise? Is employee liable for negligence? Employee had unauthorized passengers (Company policy clearly states no unauthorized passengers in vehicle, employee also reminded several times verbally of this policy.)Is employee or company liable for passenger injuries? All of this took place in Oklahoma. Would Sincerely appreciate any legal opinions. Thanks.

P.S. Thanks for your advice Tracy.

Security Assistant

 

[prairielaw3]

generally an employee who causes harm will be personally responsible for the harm caused. However, if the harm caused was while employee was in scope of employement, then employer may also be liable; clearly advse all insurance of the claim; do not try to settle without help of an attorney as what liable for, amounts and the releases are all potentially complicated mattersn and what the attorney can save in money and in headaches can more than warrant the attorney fees. However, it is not unusual for soft tissue injuries to not manifest at time of accident; there often not onset of syptoms for hours, if not days till after the accident. But it would be wise to get an attorney if insurance will ot provide one.

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George H. Senteney
http://www.prairielaw.com