Hit by car driven by coworker...

by Jim
(New York)

While at work I was hit by a car driven by a coworker and was injured. The car the coworker was driving belonged to a friend of his who allowed the coworker to borrow the car. This friend does not work with us and is not a coworker of mine.

I understand that I can claim workers' compensation benefits, but can I also sue the owner of the car that hit me for monetary compensation for my injuries as well? Is there any other source of compensation I can claim? Thank you.

Visitor Question:
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ANSWER for "Hit by car driven by coworker...":

Jim (New York):

From the facts you present, you appear to have a legitimate legal claim against the owner and the driver of the car. Before deciding to pursue a claim you will have to have a financial basis of loss. This means as a result of the crash your car sustained property damage and/or you sustained personal injuries.

If the only damage was to your car, then the driver and/or owner’ insurance should be responsible to compensate you.

If you sustained personal injuries you may also be entitled to compensation from the insurance companies for your medical and/or therapy bills, your out-of-pocket expenses (for medications, crutches, cost of travel to and from treatment, etc.), lost wages, and pain and suffering.

In this case, the driver and owner are considered "jointly and severally" liable. This means you don't have to elect to pursue either the driver or the owner, but instead have a legal right to pursue both, and let their insurance companies decide which one will pay what amounts. That should be their problem, not yours.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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