Rear-ended by third party while driving a company vehicle...

by Stephanie
(Gastonia, NC)

I was rear ended by a lady while in my company vehicle. Myself and several other employees were injured. I talked to the lady's insurance and there was no issue with us all going to a chiropractor to get treatment.

Four days later the insurance company contacted my corporate office and said they are going to sue workmans compensation for the accident, and they should not be held liable. Is that legal? Can they do that?

We were not going to file with workmans comp because the accident happened due to the negligence of a third party driver. We were not even working, we were on our way to the shop. What's going on with the liability and insurance here? Thanks.

Visitor Question:
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ANSWER for "Rear-ended by third party while driving a company vehicle...":

Stephanie (Gastonia, NC):

There is no practical or legal reason for the at-fault driver’s insurance company to sue your employer's workers' compensation insurance company. That doesn't happen. Insurance companies don't sue other insurance companies over injury claims.

You have three options. They are:

1 - File a workers' compensation injury claim with your employer

2 - File an injury claim with the at-fault driver's insurance company

3 - Sue the at-fault driver

If you file a workers' comp claim and thereafter you pursue either an injury insurance claim against the at-fault driver, or you sue her, and you are compensated by the driver or her insurance company, your workers' comp insurance company will have the right to be be indemnified.

This means whatever money you receive from the at-fault driver, or the driver’s insurance company, will first have to be given back to the workers' comp insurance company for those monies they already paid to you. This is to prevent what is generally referred to as "double dipping," or being compensated twice for the same injury.

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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