Tangled web of auto accident lawsuits....

[Security Assistant]

It's me again. Employee hit trash truck in scope of his duties. Had unauthorized passengers in our vehicle. Passengers are now trying to come back on our company. All of this happened in Oklahoma. Any advice on whether or not they have a case. Yes, we do have a company policy stating no unauthorized passengers, yes, the employee was verbally reminded of this about 2 to 3 weeks before the accident. Doesn't seem to matter to their attorney. Haven't received what they are wanting, or a reason as to why they think they have a case. Also, At least one of the passengers knew she was not to be in vehicle (she use to be an employee of company) Was hoping someone might offer some encouraging advice. How does a company protect itself against dishonest employees. Are we still held liable for an employee who is clearly in violation of our company policies? driver of truck also suing for lost work time due to damage to vehicle. Have seen the driver working since the accident. Wondering why people take advantage of great law system we have?? Anyway, driver of truck is still using same truck involved in accident to perform his trash pickup duties. What do we do???? Hopefully the insurance will do the honorable thing and take care of this mess, but we really need some good advice if they don't. Hope we have a good attorney, The attorney we usually use was out of town at the time we had to give an answer to suit. Thank you Prairielaw3 for your advice on my last post. Hope you or someone can help me rest easier at night with this post. Was once looking forward to taking the helm of this security business, but am seriously wondering if all of the headache of defending your good name is worth it. Seems that if someone finds out you have a business, you automatically are rich and they try to take you for everything you have. Sorry if I seem a little bitter, but this is my fathers business, passed down to him by my grandfather and I hate to see him have to go through this stress after he has worked so hard to get where he is.

 

[The Legal Shoppe]

If your employee was in the course and scope of his duties for your company at the time of the accident, then he and your company would probably be covered under the business auto liability coverage. Ask your insurance company if this claim is covered. If not. maybe you should be asking your insurance agent why your company was not covered for this risk. At any rate, spend a few dollars and contact your own lawyer to see if there is coverage for this claim.

As to the employee's claim for injuries, that would be covered under workmans compensation insurance if the employee was in the course and scope of his employment at the time of the accident.

Relax and let the insurance company worry about this claim. Isn't that why you bought the insurance coverage?

 

[Security Assistant]

Our insurance agent messed up and did not write a commercial policy, but they are not admitting the mistake thus far. Also the unauthorized passengers in the car were not employees and had no business in the car at all. Thanks for your reply. Any comment on this matter is greatly appreciated.

 

[The Legal Shoppe]

You may have a claim against your insurance agent. If the agent knew the nature and extenat of your business, and that you used vehicles in your business, then he should have recommended business auto coverage.

Our advice is to consult with a lawyer in your area and get an opinion on your exposure to the underlying claim and the potential insurance agent malpractice.