Visitor Question

Run Over While Repairing a Pickup Truck…

Submitted By: Jason (Caseyville, IL)

I was a guest and was working on a homeowner’s pickup truck. I was removing the flywheel which is bolted to the motor and transmission. As I proceeded to remove the drive shaft another person who lives there offered to help. He took a pry bar and popped off the drive shaft.

I told him to wait because the wheel chock must have become dislodged and the truck was rolling down a hill with me under it. I was dragged 6 feet underneath the truck. I tried to roll out but wasn’t able to. The front driver’s tire was coming for my chest and I braced myself as the wheel ran over my head and arm on concrete.

This happened 3 days ago. I did not go to the hospital but I am about to since I’ve developed swelling of my head, a flat spot and severe headaches and disorientation. I also noticed I get dizzy easily and sometimes I’m off balance.

Does home owners insurance cover me for my medical bills? What about the truck owner’s auto insurance?

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 Jason,

The first thing you should do is seek medical attention. Before you can take any legal action you must stabilize and identify your injuries. Once you know what your medical needs are you will be in a position to pursue your claim.

If your injuries occurred on the homeowner’s property you should have a viable and credible claim against him. Contact the homeowner and ask for the name of his homeowner’s insurance company, the policy number and the telephone number.

With that information in hand call the insurance company and file a claim. Once you do you will soon thereafter be contacted by an insurance claims adjuster. The adjuster will initiate an investigation into your injuries. She will want to take your recorded statement either on the telephone or in person. That’s standard operating procedure, cooperate fully and tell the truth about the incident.

The adjuster will also interview any witnesses to the injury. Once she finalizes her investigation she will then be in a position to evaluate your claim and decide whether to pay the claim or not.

From the facts you present you appear to have a solid case.

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: January 10, 2012

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