Visitor Question

Injured by a 3rd Party While Driving on the Job…

Submitted By: Jim (California)

I was in an auto accident using my personal vehicle while on the job and the other party was documented as 100% at fault.

I have received payment from my own insurance to cover 100% of my vehicle replacement due to the car being totaled.

I have also started receiving worker’s compensation benefits (2/3rd my salary) and my medical bills/treatment have been covered.

How do I go about requesting the other 1/3rd of my lost wages from the 3rd party? Do I demand the full amount of my wages in my demand letter plus pain and suffering, or do I just demand 1/3rd amount that I have not recouped? Thank you for your help!

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Jim,

In the State of California you have an absolute right to pursue a legal claim against the at-fault driver for:

– The total cost of your medical bills; and

– The total cost of the salvage value of your vehicle; and

– Your out of pocket expenses for prescription and over the counter

medications; and

– Your lost wages; and

– An amount for your pain and suffering.

The State of California is not a “No-Fault” insurance state. As a result you have a legal right to pursue compensation from an at-fault party for all of the above. You are not “penalized” for having your own insurance. That’s an entirely separate matter and need not be disclosed to either the driver or her inbsurance company. Legally it’s none of their business.

The same holds for Workmans Compensation benefits.

Neither have anything to do with your legal relationship with the at-fault driver.

Send a certified return receipt requested letter to the at-fault driver. It doesn’t have to be mean spirited or threatening.

Try something like this:

——— Dear Mr/Ms._______.

As you remember on November ____, 2011 you and I were involved in a vehicular collision. As a result I suffered serious injuries which required, and continue to require medical treatment.

You were also responsible for the damage to my (car/truck). My (car/truck) was totaled.

As a further result of the collision I was required to miss work during my treatment and recovery periods. I also incurred a substantial amount of out of pocket expenses.

Would you please turn this letter over to your insurance company at the earliest possible time or provide me with their name, address and telephone number. Please include the policy number as well. I would like to make arrangements with them to compensate me for my losses.

My preference is to take care of these matters amicably so as to avoid legal intervention.

I look forward to hearing from you or your insurance company within seven (7) days of your receipt of this letter.

Thanks,

Your Name Address Telephone Number Fax Email (optional) ———-

Hopefully this will help. If the driver will not cooperate you may then have to consider legal action.

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

Best of luck,

Published: November 9, 2011

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