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New Member
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Dec 1, 2006, 09:15 PM
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Information need
OK I really need serious answers only please.I was working for a taxi company and got into a accident where I slide on a patch of ice and went left of the center line and hit head on with another car, the police report says my falt due to the weather, it was snowing real bad, comimg down hard and to fast for them to clean the streets. I was taken to the hospitol because of back pain and pain in my upper stomach. I found out the company had insurance for the vehicle but not the driver, so my medical was not covered. Also I was wrongfully fired from this company, A year later another driver got into a accident almost killing his passenger by pulling in front of a semi truck, both his passenger and the truck driver were hurt and he is still driving for the company, however I did not have a passenger and the people in the other car were not hurt. Is there anything I can do as far as suing the company for my medical. Thank you before hand
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Uber Member
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Dec 1, 2006, 09:33 PM
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Hello mouse:
Legally, the accident was your fault. The only recourse you may have is if your state requires the driver to carry medical insurance. It appears they aren't, but I would check with the insurance commissioner. If they're not, then I don't think you'd win a small claims case. Bummer.
excon
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Expert
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Dec 2, 2006, 08:34 AM
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Hello, no you have no case what so ever.
The cases of how accidents happen, and the companies choice to fire or merely warn about accidents is up to the supervisor and/or owner of the company.
Anything from your attitude about the accident, to witnesses or the length of time with the company.
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Uber Member
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Dec 2, 2006, 07:28 PM
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You should have been covered by Workman's Comp. for your injuries. You can try suing them ; maybe they'd settle with you out-of-court so you'd at least get some compensation for your injuries. You should talk with a lawyer and find out why you weren't covered by Workman's Comp.
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New Member
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Jan 5, 2007, 12:07 PM
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Most if not all injuries are usually covered under workers comp if done while doing your job. Weather has nothing to do with on the job injuries that is a civil suit. As far as being fired without cause, all you can do with that is talk to a lawyer. He'll tell you if you have or don't have a case, that is a tedious and invovled procedureand he'll know after checking whether to proceed. Now, back to the workers comp you only have a limited time to file some states are 2 yearssome as little as 6 months. First check the laws in your state whether companies must carry or require drivers to have their own insurance. For instance if they are sub-contractors it may be the drivers responsiblilty if it is then you are beat.
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