In many instances, this can be a better situation, because his/her employer most likely has better insurance than the driver. This type of claim would be based on the legal theory of respondent superior. An analysis of the facts needs to be made first to be sure the employer’s insurance is accessible for a claim.
Answers need to be obtained to at least the following questions:
- Was the at-fault driver on the way home from work or on the way to work?
- Was the vehicle owned by the employer or the employee?
- Was it a rental car?
- Did the driver use the company vehicle for both personal and business purposes?
- Did the at-fault driver start his/her workday when just leaving home or not until reaching the work location?
- Was the at-fault party on lunch time at the time of the accident?
- Was he/she driving for the benefit of the employer at the time of the accident?
If enough of a connection to the employer can be made, then the employer’s insurance can be pursued. Be sure that you recover for all of your present AND future medical expenses and pain and suffering resulting from your personal injury. The safest course is to consult with an Atlanta, Georgia personal injury attorney as soon as possible. The facts and evidence need to be secured immediately, and your medical condition needs to be carefully monitored. Contact the Law Office Of Sidney Weinstein, 24/7, for a free accident and personal injury consultation by calling 404-522-3108. We can come to you at your home or any of the Atlanta, Georgia area hospitals including Grady Memorial Hospital