Q: Civil lawsuit filed against me for accident with company vehicle; both company and personal insurance have full coverage. Should they handle it?
I was involved in an accident with a company vehicle. A civil lawsuit was filed against me, but the company vehicle had full coverage insurance, and I also had my personal full coverage insurance. I received the lawsuit yesterday and wonder if the company or the insurance companies should handle this matter.
A: A Kansas attorney could advise best, but your question remains open for a week. I'm sorry about your accident. I hope all involved are okay. Since insurance follows the vehicle, the logical starting point here appears to be with your company vehicle's policy. Your post does not mention injuries to you. I hope there were none. If there were, you could check with your HR how medical expenses or lost wages (if applicable) would be handled. If deemed to be in the scope of your employment, that could trigger workers' comp for the non-property damage elements on your end of the equation. With the liability claim from the other vehicle, your company vehicle' policy should handle that. After making copies for your own files, promptly give the legal papers you were served with over to your company's vehicle fleet manager or HR department. Be responsive to communications from the attorney who will be assigned to defend you and the company in the matter. Good luck
A: Addendum - very important. A moment ago, I advised being responsive to communications from your attorney (assigned by your company's insurance carrier). To avoid any possible confusion, this DOES NOT apply to communications you receive from the OTHER attorney suing you. The opposite applies. There, you want to take what communications, correspondence, or discovery demands you are served with and turn them over to the defense attorney arranged by your company. Good luck
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