My son was hit by a woman who was going to the bank for her employer driving her personal car. The damage was $2,500 plus medical bills for neck and back injuries. The woman's insurance denies their liability because she was on an errand for work. The employer's insurance denies it because they only cover the company owner's personal car and delivery van. How do we get my son's car fixed and medical bills covered?
Country relating to Question: United States
State (if USA): California
Talking to both insurance companies, the other driver and owner of the company.
Thank you for the post, I am happy to assist you by answering your questions.Your recourse would be to sue the employer for the repairs and medical bills. Your son is not limited by what the insurance company will or will not cover. In fact, the insurance company's election to cover the claim is irrelevant as to the employer's liability. If the insurance company will not pay, the employer would have to pay out of pocket. Please let me know if you need additional guidance.
Negotiate, Draft, and Review many complex commercial agreements each year.
How would you begin the process to sue the employer? Do you know the limits of small claim courts in CA?
Yes, the cap in CA Small Claims is $10,000. To sue the employer, you would need to file a complaint. Fortunately, CA provides the forms necessary as well as a guide to filing in small claims. For your reference, here is a link to guide: http://www.courts.ca.gov/1007.htmPlease let me know if you need additional guidance or have any follow up questions.
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