Chicago, IL asked in Personal Injury for Illinois

Q: My husband was in a car accident over the weekend, but he was driving the company car.

Does his employer take care of everything or does he?

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4 Lawyer Answers

A: The answer to your question depends on very specific facts that's are not provided here. When your husband was driving, was he driving within the course of his employment? If so, his employer will likely be responsible for his injuries. In any event, first make sure your husband seeks medical attention immediately. Next, consult with an attorney individually. An attorney will be able to represent your husbands interests, and will be able to get your husband the maximum recovery possible. In addition, many of us offer free consultations and will take the case on a contingent basis, so it will not cost you and your husband anything to make sure you are taken care of. In the meantime, do not make any statements related to the accident.

Jonathan Rosenfeld
PREMIUM
Answered

A: The answer to your questions depends on if your husband is covered under workers compensation related to his job. The crux of the issue will depend on his employment status: if he is an employee v. independent contractor and if he was 'in the course' of his employment at the time of the crash. If he indeed was in the course of his work (doing something for the company) then he would be covered under workers compensation which provides for: medical expenses, time lost from work and permanency. These determinations can be very fact-specific, so you should consult with an attorney who can better advise based on your circumstance. Good luck.

A: If it's single vehicle crash he has a comp claim and possibly wrap around wage loss--consult a member of the Illinois Trial Lawyers Assn who handles comp and car wrecks--they give free consults. If someone else is at fault your husband has a claim and comp has a "subrogation" claim that has to be made part of it.

Robert D. Kreisman
PREMIUM
Answered

A: Assuming your husband was driving the company car that it owns, the company would provide liability and casualty insurance coverage and protection to your husband if he were responsible for damage to another vehicle or injury to another person. So my short answer based on your question is yes, the company should step in with its insurance coverage to take care of this incident. However, your husband probably has additional insurance coverage for driving this vehicle that the company owns and maybe if there is a family vehicle coverage for that as well.

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