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  1. #1
    Join Date
    Feb 2012
    Posts
    2

    Default Hit by Business Owner, Driving a Business Vehicle

    My question involves an injury that occurred in the state of: new york hello, my wife and i were standing just off the curb in an empty parking space awaiting to cross the street when a car rapidly backed up to occupy the empty space. we were sent hurling, my wife received a concussion, neck and back injuries, and i tore both rotator cuffs, also with numerous neck and back injuries with consequential nerve damage. i have already had surgery on my left shoulder, everything that you could tear in a rotator cuff was torn and i needed 5 anchors to the bone to reattach tendons, ligaments, etc. my right shoulder is in need of treatment but in the last independent medical exam (2nd one) , the doctor stated that no further treatment was necessary. however he did concede that my injuries were causally related to the accident that we were involved in. ok now, the driver was the owner of the restaurant, the vehicle registration is addressed to the restaurant (there is no living space or apartments at this address) the driver/owner only carries minimum coverage 25,000/50,000. so, my first question is will this situation involve additional insurances for the business since the vehicle was being used for business purposes and given the circumstances, what is the likely outcome (roughly speaking of course), what actions should my attorney be taking? incidentally the car that hit us soon "disappeared" following the accident and had previously been parked and seen for quite awhile in front of and around the restaurant. my lawyer said that is probably just coincidence, and the additional insurance thing and or attaining damages from the restaurant owner is a "long shot"? i am suspect of his responses because if the aspects of this case that are established, (1) the I.M.E. indicates our injuries are causally related to the accident, (2) the vehicle is registered to the business address, (3) the person driving was in fact the owner of the restaurant. aside from the guy having more adequate coverage, how much better does it get? thank you, i am grateful for any info anyone can give me...i need to know if i can and should trust my lawyer, his responses thus far, as i mentioned were not what i was expecting to hear, rather grim and hopeless. as he put it "a long shot" ? shoulderz

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Chinese Restaurant Delivery Car Registered to Business Address Driven by Owner

    You have little chance of getting anything not offered by the insurance company. You cannot prove where your prior injuries, which were a significant portion of your problem and new injury starts. You should not have stepped out into the parking lot, with a moving car there. Those restaurants operate on very low budgets. I bet the car was a 1990 something and worn out. I don't see a lawyer wasting much time with this. You have an all around loser, IMO.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Hit by Business Owner, Driving a Business Vehicle

    Your lawyer will know better than anybody here, and if he doesn't know he can investigate, if the restaurant has any assets to speak of, if it has insurance above and beyond the limits of the auto policy that might cover the accident, whether the driver has any other insurance coverage that can be reached, etc. We can't investigate any of that for you. Your lawyer is presumably working on a contingency fee, and thus has an incentive to figure out how he might obtain compensation for your injuries beyond the policy you describe. It's possible that there's no other insurance or assets to speak of - but again, we can't investigate that out for you.

    Should we infer that you've been offered the policy limits?

  4. #4
    Join Date
    Feb 2012
    Posts
    2

    Default Re: Hit by Business Owner, Driving a Business Vehicle

    hey thanks for the reply, no we haven't been offered the policy limits as of yet. my lawyer told me that we wouldn't know if there are other actual insurances for the business that would cover costs above and beyond the auto insurance policy until there was a deposition and i just thought it to be odd that he called that a "long shot" being that this is an established business in the neighborhood and would be required to have insurance for the restaurant itself. and as i said the car was being used to deliver food for the business and registered to the business address so i'm just wondering where the hitch is and why he doesn't seem to be giving me a more hopeful end to this. i have some really bad injuries and if we hadn't gotten up the guy that hit us was in fact ready to drive away, it really is angering especially when someone like this delivering food and using this vehicle for business purposes doesn't carry a more adequate coverage. is it just that lawyers in general like to underpromise and overproduce? you see, what has prompted my suspicion is that a while ago (several months) i took a loan from a company that does settlement lending which i will not name right now but, obviously they charge a higher than normal interest, ok no prob, now i applied for a little more money $1000.00 and they didn't want to do it based on the merit of the case and other things, so i went to a different company, told my lawyer who recommended the company that gave me the loan initially that this other lender offered a lower rate and that they would be contacting him. he told me that i would encounter the same issue, but i gave the other loan company my info anyway and suddenly my lawyer called and said that his company is now willing to give me some more money. hmmm am i reading into this too much or do i have grounds for suspicion? (that is about how this whole thing is going) thanks again, i really appreciate the help..shoulderz

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