If I was hit by a pizza delivery driver, is the company he was delivering for liable or just his car insurer?
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If I was hit by a pizza delivery driver, is the company he was delivering for liable or just his car insurer?
I and 3 passengers were hit head-on by a pizza delivery driver as he was delivering a pizza. He turned in front of us as we were driving down the road. Is his insurance company he only one liable or is his employer, a pizza chain, also liable. What rights do I have? My med bills are already over $5,000. Is there a usual amount for pain and suffering? Should I speak with a personal injury attorney? In Beaufort County, SC.
Asked on September 23, 2011 under Personal Injury, North Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It would be advisable to speak with a personal injury attorney.
An employer is liable for the negligence of an employee which occurs during the course and scope of employment. Therefore, your personal injury and property damage claims should be filed with the employer's insurance carrier.
If the delivery driver was driving his own vehicle, then you should also file your personal injury and property damage claims with the driver's auto insurance company.
If the pizza company claims that the driver is an independent contractor and not an employee, then the pizza company could claim that it is not liable.
Property damage (the cost of repairs to your vehicle) is usually resolved early in the case. It is separate from your personal injury claim.
As for your personal injury claim, when you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of any wage loss. Your personal injury claim filed with the insurance carrier(s) will consist of the medical bills, medical reports, and documentation of wage loss. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering. Compensation for pain and suffering is an amount in addition to the medical bills. There isn't any mathematical formula for determining compensation for pain and suffering. It depends on the facts of the case. I would usually ask for quadruple the medical bills as compensation for pain and suffering, but NOT expecting to get that. This would be a starting point in settlement negotiations. The insurance company/companies will respond with a much lower offer. You can continue negotiating to try to obtain additional compensation. If you are dissatisfied with settlement offers, reject the offers and file a lawsuit against the pizza company and the driver for negligence. If the case is NOT settled with both parties, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter. If the case is settled with both parties (pizza company and driver), no lawsuit is filed. If the case is settled with one party, only the other party would be named as a defendant in your lawsuit.
Until you complete your medical treatment and are released by the doctor or are declared to be permanent and stationary, it would be premature to attempt to settle the case because you would not have the total medical bills, total wage loss, etc. If the statute of limitations is approaching and you are still receiving medical treatment, file the lawsuit so that you won't miss the statute of limitations and lose your rights forever in the matter.
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