so the fiance was in an accident today.....

mblaster890

Forum Member
well guys, this is more of a "what do we do now" post... i will put cliff notes at the bottom for the non readers haha

anyways, the better half is a assistant gm at a local "panera bread" type place, long story short they work her to death and it's killing her. anyways, a kid calls off on a double shift today and she tries to cover it since she opened today and has to open tomorrow, so she didn't exactly want to work a double today. only way she had coverage was if she could pick the employee up. she chooses to go along with it.

she picks up the girl, and upon leaving the girl live off a divided road, one way on both sides. there is a car coming but with plenty of time to spare she decides to cross to turn left. around the white suv comes a younger guy in a black grand prix. he barrels around the suv, and looks up about 1/2 a sec before he slammed jess (fiance). he swerved and smacked the back of her neon right about where the gas filler is. the car is totaled and we just got home from the urgent care. she is banged up but relatively ok...

now comes the questions, sorry for the long post i'm still just super pissed at the whole thing and skipped about 1/2 of it...

neither of us have ever been in any major accidents, let alone a situation where a car was totaled. the kid gave ins info, but says the car is his grandpa's? so we have her dad call the ins and he calls back saying the info is not legit, calls the kid and he says he has no access to the info because the car is already dropped off at a body shop? (mind you the accident was at 5pm today, and this was around 7pm...)

we just have plpd on the car (01 base neon) and i believe her dad says we have to wait till monday for more info....


now my main question is, since she was on the clock doing something for work and there is no way she would have been anywhere near the area if she wasn't... can we do something about this? i thought if you were doing work related stuff and on a clock somewhere somehow the company was responsible? she was not at fault in the accident and the guy admitted to the cop he was going "35ish in a 25" and he received a ticket as well... where do we go from here? i apologize if it's a dumb question but again, neither of us have ever been in anything like this before..


cliffnotes:

~fiance is manager of a restaurant
~ was picking up an employee on the clock and hit by another car
~ car was totalled (in my opinion, can post pics tomorrow)
~ guy has potential bogus ins info
~ need info on what to possibly do about bogus info
~ also looking for info since she was doing stuff for the company while on the clock, can we get them to cover the car?

~ any and all help is beyond appreciated, since were really not in a situation where we can afford another car since i've been laid off since april.
 
I dumped my bike many years back while on a run to the bank for work. I had to fight with them for 6 months about re-imbursing me for my deductable and helmet that was ruined. In the end we agreed to split it. They also wanted me to pay for my Concentra visit to get taped up for all of my scrapes. I told them to fuck off, I was on the clock, doing a required part of my job.
 
if she was on the clock then the car should actually be insured for work use. I had a friend that wrecked he car while going to pick up lunch while still on the clock. somehow the ins found out and and she went through hell trying to get money
 
If she wasn't at fault in the accident, what difference does it make wether it's her insurance or the company's? If the car is a total, it's a total. Either should take care of the medical.
 
Unfortunately Michigan law does not help in matters of this nature. Good luck seeking support from her work because most companies will not cover. Being that he was cited for being at fault you do have the accident report (UD-10/make sure you get a copy) working in your favor if you choose to take him to court to pursue reimbursement for your damages.

Good luck.
 
ugh, i appreciate the posts guys. sadly your thoughts are pretty much where mine are at this time. as stated before, we really cont do anything until tomorrow when we find out if his ins is real or not :(

thanks again everyone
 
ugh, i appreciate the posts guys. sadly your thoughts are pretty much where mine are at this time. as stated before, we really cont do anything until tomorrow when we find out if his ins is real or not :(

thanks again everyone

Do you have collision on the Neon? If you don't, even if the guy has insurance, you are limited to getting $600 back. If he doesn't, you can go thru small claims for the car. All medical goes thru her car insurance. You get nothing back from his.
 
Do you have collision on the Neon? If you don't, even if the guy has insurance, you are limited to getting $600 back. If he doesn't, you can go thru small claims
(or uninsured motorist) for the car. All medical goes thru her car insurance (you could check workers comp. if it looks bad). You get nothing back from his.

Swifster is pretty much spot on with this.
 
i dont know how things work with ins. exactly... but you may not be covered by your ins. when using your car for work purposes.... you better check before you make your claim.
 
we appreciate all the responses guys, looks like we will try calling this guy's ins tomorrow and get the actual low down. from there were not sure. i don't think were going to pull the work card out. i was just more so wondering what people's thoughts on that were
 
i dont know how things work with ins. exactly... but you may not be covered by your ins. when using your car for work purposes.... you better check before you make your claim.

Primary insurance is from the vehicle that was involved. In this case, it's hers. Second would be her policy if the vehicle wasn't hers. Third would be the insurance on the other car. Last would be the insurance of the employer. The No-Fault spells out the order of responsibility.
 
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