I had an accident my insurance denied my coverage because I was at work now I'm being sued is there anything I can do

Question

I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but that's all I'm aware of regarding working. They knew my driving record and my miles per year driven to me that's all that matters I paid my 345 a month for years and when I go to use it they don't pay. They said it's more dangerous to deliver but that's not true we take a defensive drivers class when hired we have nobody else in the car to distract us or get injured we only go 4 miles max per run and drive the same area everyday so we know it well id guess over 95% if accidents don't involve a pizza guy thus it's safer to deliver and they have no data to support their claim in 32 years I can remember only 5 accidents at my store 3 no fault one 50/50 and this I missed 2 months work and car was totaled

James Otto Heiting · Answer

Either you were working and your employer covers it; or you were not working and your personal insurance covers it.  There may be some odd circumstances that interfere with that simple analysis; but that seems to be the common sense of your situation.  Good luck.

William John Light · Answer

Under Labor Code section 2802, your employer has to indemnify your expenses incurred while the course and scope of employment.  Its insurer should be fixing your car.  If you were driving for Uber or other ride share, you may not have been an employee, but an independent contractor.  Whether that company's insurer will be responsible depends on a lot of factos too complicated for Justia.

James L. Arrasmith · Answer

Under California law, if your insurance company denies coverage for an accident that occurred while you were on a break from work, you might still have options to contest the denial. The distinction between being "at work" and "on a break" is crucial, as it can influence the insurer's responsibility to cover the incident. It's important to review your insurance policy's terms and any exclusions or conditions that might affect coverage during work-related activities.  
 
You have the right to appeal the insurance company's decision. This process involves submitting a formal appeal in which you provide evidence and arguments that support your claim for coverage. This might include details about the nature of your break, the fact that you were not engaged in work-related activities at the time of the accident, and any relevant documentation from your employer or the circumstances surrounding the accident. 
 
Seeking legal advice is advisable in this situation. A lawyer can help you navigate the appeals process, represent you in dealings with the insurance company, and, if necessary, pursue legal action against the insurer for wrongful denial of coverage. Additionally, if you are being sued as a result of the accident, a lawyer can defend you in the lawsuit, helping to mitigate potential financial and legal consequences. It's important to act quickly, as there are time limits for both appealing insurance decisions and responding to lawsuits in California.

Tim Akpinar · Answer

As my colleagues correctly advise, a lawyer consult is worth considering here to identify best route of action. Unfortunately, carriers will generally issue policy denials in such scenarios nationwide, often denying no-fault PIP benefits on the grounds of being a workers' comp matter that arose in the course of employment, and third-party liability coverage on grounds of being outside scope of policy. I'm sorry for the difficult situation the accident has created. I hope you and all involved are okay. Good luck

Q: I had an accident my insurance denied my coverage because I was at work now I'm being sued is there anything I can do