When my husband I decided to start a business, we didn't think about the legal aspects of doing so. We didn't realize that purchasing business insurance, getting building permits and making investments all required some type of legal advice. But after speaking to a close friend, who also happens to own a small business, we contacted a business attorney. Now, we have the legal smarts to make the best decisions for our business, as well as the legal representation in case something happens to our company. I hope that you find my blog helpful and informative for your own business. It's a great resource for finding the legal advice, resources and guidance you need to get your company up and running.
There are so many unique situations into which you can find trouble while at work. One such problem is using rental vehicles to conduct daily business and traveling for daily business. If you work as a traveling sales representative, or as a traveling executive, and you get into an accident in a rental vehicle, can you sue? Does it fall under worker's compensation law, or accidental injury law? Here is how to figure out if you are covered by anything in this situation.
Damage to the Rental Should Be Covered
Damage to the rental car should be covered under one of three insurances. Your personal car insurance should cover it if you have a rental coverage addendum. Your business insurance should cover it since you were using the vehicle for business. Otherwise, you should have taken the rental company's daily accident and damage cover insurance, and that will cover the vehicle.
You have to separate the facts here. The auto damage is a separate issue, even though you were driving a vehicle for work purposes. Injuries you incurred while driving the rental for work definitely qualify for worker's compensation. You should A) file a claim for the damaged vehicle separately from your injuries, and B) file a worker's compensation claim with your employer.
Problems Arising from Your Claims
Sometimes additional issues come up when you use a rental vehicle for business purposes. Your worker's comp claim could be denied if the worker's comp company thinks you were driving a rental for personal purposes, or that you were driving the vehicle outside of business hours. Your worker's compensation attorney knows how to sidestep this issue and make it perfectly clear that you were driving the car for business reasons.
Proving That the Accident Was Not Your Fault
Proving that the accident was not your fault is also important to your claims. A worker's comp claim may be denied if there is any suspicion surrounding your physical condition at the time of the accident. You also have to prove that the other driver was entirely at fault (e.g., he/she turned directly into you on a red light, etc.).
Your lawyer can get the traffic camera footage of what happened and supply it as evidence for your case. You cannot legally acquire this footage as a citizen. If the rental vehicle played a part, such as brake failure or engine failure, then you have multiple lawsuits to pursue to receive compensation. For more information, contact a firm such as Galanti Law Office.