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  1. #1
    Join Date
    Oct 2009
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    4

    Default Sued Over Auto Wreck That Was in a Work Truck

    My question involves an injury that occurred in the state of: New Mexico
    i was making a left turn the other truck hit me and skidded over 50 feet and rolled my truck 3/4 ton extended cab long bed the speed limit is 35 the officers did not site any one they said i did not yeild the right of way and that he was speeding . i was driving a truck that was owned and insured by the company i worked for what is my next step? it says he wants $25000.00 i am unemployed and my wife is also we have nothing we cant afford our house much less a lawyer. do i need a lawyer? any advice so i could at least sleep would be greatly appreciated

    thanks
    cant sleep in NM

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sued Over Auto Wreck That Was in a Work Truck

    your employer is aware of the accident, yes? Call them up and speak with them about it. Their insurance should mount a defense.

  3. #3
    Join Date
    Oct 2009
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    4

    Default Re: Sued Over Auto Wreck That Was in a Work Truck

    they are on the lawsuit? i was served Thursday so i think they know. thanks

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Sued Over Auto Wreck That Was in a Work Truck

    The court papers that were served upon you should identify the parties. Is your employer identified as a party? One way or another, you still want to turn the claim over to the insurance company.

  5. #5
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Sued Over Auto Wreck That Was in a Work Truck

    If you were driving the truck as a regular part of your employment, then the owner of the truck, the business is liable. Their insurance should defend the business against the civil action. It would be in their best interest to defend you too, though I don't know if they would or if they have to. I would think it would be impossible to defend the employer without defending the employee. You were the driver and a witness. You need to talk to the insurance company attorney.

    If they want to treat you as an adversary, you should hire an attorney. You should also consider filing a cross claim against your employer to indeminfy you. You need an attorney for that.

  6. #6
    Join Date
    Oct 2009
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    4

    Default Re: Sued Over Auto Wreck That Was in a Work Truck

    Quote Quoting aaron
    View Post
    The court papers that were served upon you should identify the parties. Is your employer identified as a party? One way or another, you still want to turn the claim over to the insurance company.
    yes they are on the paper work, the accident was two years ago, and the insurance company was told at the time of the accident. how do i inform them of the paperwork? i don't work for the company any more and don't know who they are

    thanks

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sued Over Auto Wreck That Was in a Work Truck

    Quote Quoting dmleex
    View Post
    i don't work for the company any more and don't know who they are

    thanks
    You don't know who you worked for 2 years ago?

  8. #8
    Join Date
    Sep 2009
    Location
    Provo, Utah
    Posts
    26

    Default Re: Sued Over Auto Wreck That Was in a Work Truck

    Most likely, your work had insurance. Because you were on the job at the time of the collision, your work insurance should hire an attorney to defend you and your employer. If I were in your shoes, I'd call the attorney hired by your work's insurance company and make sure they are going to represent you in the lawsuit and that you are not going to owe any legal fees out of your own pocket.

  9. #9
    Join Date
    Oct 2009
    Posts
    4

    Default Re: Sued Over Auto Wreck That Was in a Work Truck

    Quote Quoting jk
    View Post
    You don't know who you worked for 2 years ago?
    sorry i dont know who the insurance company is, i called the compony i worked for they have not been served yet,but they are on the paper work

    Quote Quoting www.utlawhelp.com
    View Post
    Most likely, your work had insurance. Because you were on the job at the time of the collision, your work insurance should hire an attorney to defend you and your employer. If I were in your shoes, I'd call the attorney hired by your work's insurance company and make sure they are going to represent you in the lawsuit and that you are not going to owe any legal fees out of your own pocket.
    thank you,that's good to know. i am trying to find out the name of the insurance co. now

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