In accident with company car, but work insurance won't cover it?

by Japheth
(Las Vegas, Nevada)

A year and 4 months ago I was hit by a drunk driver who ran a red light. I was driving a company car at the time. After the accident my boss told me to go to a certain attorney who he said does all his legal representation. He said if I didn't go to his attorney, he wouldn't cooperate whenever the company is asked to give information.

Now after a year and 4 months, the attorney is telling me my medical bill amounts to $30,000, but the insurance of the guy at fault covers only $15,000 and wants to use my personal insurance to cover the difference.

When I asked him why workers' compensation doesn't pay for it, he told me it would cover it, but then we have to pay them back. Also he said we cannot claim from the insurance company of the company car I was driving at the time because I wasn't at fault.

Is the attorney covering up so that the company doesn't pay, or is this the normal way of doing things? Shouldn't the company's insurance cover what the at-fault driver's insurance doesn't cover? What can I do to remedy this problem? Thank you.

Visitor Question:
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ANSWER for "In accident with company car, but work insurance won't cover it?":

Japheth (Las Vegas, Nevada):

Nevada drivers are required to have automobile liability insurance in the following amounts:

- $15,000 for injuries to one person
- $30,000 for injuries to two or more people
- $10,000 for property damage

For more information about Nevada’s statutory liability insurance requirements go to the Nevada Division of Insurance.

It is unfortunate your boss told you he would not cooperate in the investigation of the claim unless you sought legal representation from his attorney. You can't blame the attorney because your medical bills amounted to $30,000. The attorney had nothing to do with the accident or the type and amount of medical treatment you received.

Workers' compensation would have paid for your medical and therapy bills, out of pocket expenses (medications, crutches, costs of travel to treatment, etc.) and about 2/3rds of your lost wages. But you chose not to file such a claim. Workers' compensation does not provide coverage for pain and suffering.

However, it is true you would be be required to "indemnify" the workers' comp insurance company for monies you might receive from any other insurance company. This means any monies you may have received from a separate source (such as the driver's auto insurance company) would have to be applied against any workers' comp benefits paid to you.

Your injuries would be covered under workers' compensation, but not additionally or separately under the company’s car insurance policy. You do not have a right to file an injury claim under the company’s car insurance policy since you were working at the time of the accident.

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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