QUESTION
What can I do if I'm being sued from a car accident involving a company truck?
Asked on Apr 16th, 2014 on Personal Injury - California
More details to this question:
I am being sued by the person I rear ended while driving a company truck. The plaintiff is suing both me and the company (which I no longer work for). Now at the time of the accident the plaintiff was the one ticketed for not having a driver’s license. A sheriff just came to my door and served me with a summons. The plaintiff is looking for $50, 0000, which I do not have! What steps do I need to take?
17 ANSWERS
Michael J. Breczinski
Call your insurance company and the company that you used to work for. You may be covered by their insurance.
Answered on Apr 23rd, 2014 at 6:26 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It sounds like you were in the course and scope of your employment when the accident occurred. Under the circumstances, your company's auto insurance carrier should be defending you as well as the company. I suggest that you contact your employer and see if their insurance carrier will pick up your defense. If not, you should consult with a civil litigation attorney as soon as possible.
Answered on Apr 21st, 2014 at 3:04 PM
Ronald A. Steinberg
You take the court papers to the insurance company which insured the company truck at the time of the accident. They will take care of it. Get a receipt when you give them the papers.
Answered on Apr 17th, 2014 at 6:24 PM
Sue both driver and the company.
Answered on Apr 17th, 2014 at 6:24 PM
James Eugene Hasser
First, whether or not the other driver had a license is irrelevant to liability. Whoever caused the accident is liable. Your company's insurance should provide you a lawyer at their cost and they will defend you and pay any settlement or judgment rendered up to the limits of the policy. Turn the paperwork over to your ex-employer's insurance company, pronto. To protect yourself from a judgment in excess of the limits, write the company and tell them to settle the claim within the limits. If they get the opportunity to do so and don't, and you get hit with a judgment in excess of those limits, then the insurance company will be liable for it all.
Answered on Apr 17th, 2014 at 6:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should notify your former employer, and their insurance company.
Answered on Apr 17th, 2014 at 6:23 PM
Thomas Edward Gates
If you were doing company business when you had the accident, the company picks up the tab, not you.
Answered on Apr 17th, 2014 at 6:22 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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The company you worked for hopefully has insurance. That insurance company will hire an attorney who will defend the company and you since you were working at the time of the wreck-within the scope of your employment. Do not let the time for filing an answer pass- check with your former company risk manager as to which insurance company and which attorney will be defending the claim.
Answered on Apr 17th, 2014 at 6:22 PM
James Edward Smith
Your former company's insurance company should defend you in this lawsuit. If not, hire a lawyer.
Answered on Apr 17th, 2014 at 6:21 PM
Tender the defense to your employer's insurance company.
Answered on Apr 17th, 2014 at 6:21 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Whether the plaintiff had no license or whether the plaintiff had a library card has nothing to do with who is at fault. The question is who is at fault. While you were during for the company you and the company are liable for the collision. Take copies of the lawsuit to your carrier and the carrier of your former boss. they will defend the case. That is what insurance is all about.
Answered on Apr 17th, 2014 at 6:21 PM
1 Award
Your former lawyer will hire a lawyer to represent their interests and your interests, which are the same. If the injured person is successful in the case, the payment will be made by the insurer for your former employer. The first thing you should do is contact your former employer to let them know you have been served with a summons and complaint. They will immediately contact their liability insurer, who will hire a lawyer. You should contact your former employer right away, since there is a limited time in which a lawyer will have to file an answer to the complaint.
Answered on Apr 17th, 2014 at 6:20 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Contact the employer's insurance company and advise them that they have to defend you.
Answered on Apr 17th, 2014 at 6:19 PM
Tender this to your old company's insurance.
Answered on Apr 17th, 2014 at 6:18 PM
Notify your insurance company of the claim to make sure it is covered. Your insurance and your employer's insurance should cover the amounts owed. They are most likely looking for deep pockets, which is not your pocket, but your employer's pocket. If your insurance company will not cover this, you should hire your won attorney.
Answered on Apr 17th, 2014 at 6:18 PM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
Inform your employer. Inform your employer's insurer. Inform your personal insurer. In all cases, request a defense and follow up in writing. Do not miss any court dates; appear and comply with the summons.
Answered on Apr 17th, 2014 at 6:18 PM
Edwin K. Niles
1. Driver's license had nothing to do with fault. 2. Do you have an insurance policy? If so, notify them ASAP. They will defend you. 3. In any event, send a copy of the papers to your ex-employer with a letter asking them to turn it over to their insurance to defend. Remember, the claimant is going after insurance, not you personally.
Answered on Apr 17th, 2014 at 6:17 PM