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Loren
Loren, Attorney
Category: Personal Injury Law
Satisfied Customers: 29021
Experience:  30 years experience in personal injury law.
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I work Federal Gov't contractor and was involved in an

Customer Question

I work for a Federal Gov't contractor and was involved in an automobile accident while returning from company authorized training. I was rear-ended at a stop light. The driver who hit my car is deemed at fault and carried no automobile insurance. My newer car was totaled, and my insurance company's offer to settle is not sufficient to purchase a like vehicle, and I do not have "gap" insurance, but do have uninsured motorist coverage. There were no personal injuries to any party involved. Is there any avenue for me to pursue with my employer to compensate me for this loss?
Submitted: 8 months ago.
Category: Personal Injury Law
Expert:  Loren replied 8 months ago.

Good morning, I am Loren, a licensed attorney, and I look forward to assisting you.

Customer: replied 8 months ago.
Hi Loren.
Expert:  Loren replied 8 months ago.

How old was the vehicle? Is the insurance company offer reasonable in light of the current value?

Customer: replied 8 months ago.
My car was a 2015 Acura. I put $10,000 down on it when purchased 11 months ago. The offer from insurance (which includes tax and fees) is not sufficient to replace the vehicle with a similar model
Customer: replied 8 months ago.
I also have a towing bill, storeage and rental costs ( a few hundred dollars) that insurance did not cover
Customer: replied 8 months ago.
I should say insurance did not fully cover...
Expert:  Loren replied 8 months ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Expert:  Loren replied 8 months ago.

While you may not be entitled to the price of a 2015 Accura, the insurance company is only required to replace the value of the vehicle as it was at the time of the loss. However, that does not mean you have to accept the first offer from your insurance company. All policies contain a provision for disputing or appealing the adjuster's opinion of the value of the loss. It usually involves arbitration, but it often results in the insurance company providing more money or finding a way to provide more money.

Do check the policy and make sure to follow to the letter the procedure outlined in the policy, as missing a notice, for example can prejudice your rights.

Customer: replied 8 months ago.
Sure. My employer has already notified me that , in so many words, do not have any liability for any loss to my vehicle. and I have been notified that a workmen's compensation claim is underway
Expert:  Loren replied 8 months ago.

The employer would not, unless otherwise agree or unless you were hit by a fellow employee, be liable for the loss.

Expert:  Loren replied 8 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 8 months ago.
I would only penalize your answer were you in some way responsible for the content of the law, which I assume you are not a legislator, so no, there's no penalty for providing a truthful opinion, however favorable or not. I do however fail to understand that an employee can sustain financial loss while executing duties for an employer, this seems inequitable. Were this accident to have included personal injury, I would suspect my employer would participate in compensation for injuries. So why not with property... curious
Expert:  Loren replied 8 months ago.

Thank you for understanding.

The concept you refer to is called "respondeat superior" and provides that an employer can be held responsible for the damages stemming from an employee's negligence. It does not mean that your employer is liable for every loss that happens to you between 9 and 5 pm. So, unless the driver who hit you also worked for your employer, respondeat superior does not really apply.

Expert:  Loren replied 8 months ago.

Are you still online with me?

Expert:  Loren replied 8 months ago.

Posted in error.

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