I was driving a company car on my way between 2 of our company’s locations for a meeting. This was on work time. I was hit by another car and my car was completely totaled. I was taken to hospital for injuries. I also had a car seat and a bike in my car at the time, which were my personal possessions. The other driver fled the scene.
The police attributed all blame to the hit and run driver who has still not been found. My questions are:
1) Will workers’ compensation pay for all my medical bills? Do they pay anything else?
2) Who pays for my damaged bike and replacement of car seat (upwards of $4000)? My renters insurance does not pay this, as this was an accident during work time.
3) Is there anything else I can do to get compensation for my pain and suffering?
Thank you for any information you can give.
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 Dominic,
Workers’ compensation will pay for all your medical bills, out-of-pocket expenses (for such items as medications, crutches, costs of travel to and from treatment, etc.), and about 2/3rds of your lost wages during the time you’re unable to work as a direct result of the collision.
Inasmuch as the driver fled the scene, you will have to turn to your own insurance company to pay for the damage to your bike and car seat. While workers’ comp will pay for the benefits set out above, it will not pay for your pain and suffering.
The police are likely searching for the driver of the car which fled the scene of the collision. Once they find the driver, he or she will likely be arrested and prosecuted under Article 9 Section 56-5-1210, titled in part “Duties of drivers involved in accident…”
Under Article 9 Section 56-5-1210, drivers involved in a collision must stop at the scene of the collision and wait there until all drivers involved in the collision exchange personal contact and insurance information. Failure to do so is a misdemeanor crime, requiring not less than thirty days nor more than one year in jail, a five hundred dollar fine, or both.
Keep in touch with the police department. When the driver is arrested, contact the district attorneys office and ask to speak with the prosecutor assigned to the case. Be sure you have the receipts for the bike and car seat, and give photos of the damaged bike and car seat to the prosecutor.
Tell the prosecutor you were the victim in the case, and ask the prosecutor to be sure if the driver receives a probated sentence that in addition to the fine, the driver also be ordered to pay for a new bike and new car seat. The prosecutor will likely be cooperative.
If then the driver fails to pay that amount, he or she can be imprisoned for the full term of the sentence.
Learn more here: Car Accidents During Work
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 888-972-0892.
We wish you the best with your claim,
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