Being sued | Imamother

amother

Tue, Dec 10 2024, 9:02 am

My DH was driving a company vehicle and hit an undocumented uninsured vehicle. Nobody got hurt but their car was totaled.
Now we received a letter that he and his company are being sued for $20,000 and the court is ordering documents. I don't trust that his company will protect him. Should we get a lawyer?

amother

Waterlily ↓

Tue, Dec 10 2024, 10:34 am

Why are they suing? Why isn't the employer's insurance simply paying his claim? Is this a legit company your DH works for? Did the company not have proper insurance for your DH to be driving their truck? Is DH not on their payroll but being paid under the table? Something sounds off.

oneofakind ↓

Tue, Dec 10 2024, 10:48 am

His work was totally legal, regular insurance, everything legit
We think he is suing ( it claims body injury even though there wasn't) because he didn't have insurance so they aren't covering the loss so he's trying to get it from us

amother

↑ Waterlily

Tue, Dec 10 2024, 10:53 am

oneofakind wrote:

You said DH hit a vehicle and I interpreted that that meant your DH caused the accident. If so, it doesn't really matter (at least where I live. Maybe it's different in different states?) if the one who got hit has insurance or not. The one who did the hitting is responsible and their insurance - or in this case, your husband's employer's insurance - should be paying for the damages to the victim.

amother

Ballota

Tue, Dec 10 2024, 10:56 am

amother Waterlily wrote:

Unfortunately that is probably not accurate.

If the other person/car doesn't have insurance chances are they are in big trouble and won't get anything. This sounds like a shakedown.

ValleyMom

Tue, Dec 10 2024, 2:39 pm

Welcome to the USA! An uninsured driver can sue you even if you were driving a company truck. The ability to sue is based on fault and damages, not whether the other party is insured.

Here’s what you should consider:

Key Factors
Fault Determination:

If the uninsured driver believes you were at fault, they may file a lawsuit for damages or injuries they sustained in the accident. Fault is typically determined based on evidence such as witness statements, police reports, and traffic laws.
Employer's Liability:

Since you were driving a company truck, your employer's insurance typically covers accidents during work-related tasks. If the lawsuit is filed, it would likely target the company, not you personally, unless you were grossly negligent (e.g., driving under the influence or engaging in reckless behavior).

What You Should Do

Report the Incident: Inform your employer and ensure they notify the company’s insurance carrier.

Gather Evidence: Retain a copy of the police report, take photos of the scene, and document any conversations or witness accounts.

Avoid Direct Communication: Refer the uninsured driver or their lawyer to your employer’s insurance carrier.

Legal Advice: If you’re named personally in a lawsuit, consult an attorney to understand your rights and responsibilities.