Car accident on the way home from work

L

ladidah

New Member
I was involved in a car accident. The other driver went through a red light that turned red before he entered the intersection because I could see the reflection of the red light on the perpendicular road when I was approaching the intersection. The police were called and the other driver claimed that the accident was my fault because he went through a yellow light. The officer seemed to believe me because of how the accident occurred. I was oncoming, my light turned green so I proceeded right as soon as the light turned green and with some speed approaching the light. Maybe I was guessing a little because I have approached that intersection before but it doesn't matter. I guessed right and I did NOT enter the roadway until the light was green. Their car hit me on the driver door's side which means I was already in the intersection and their car was late. I was hurt and had to go to the hospital for whiplash injuries. The officer gave them a ticket for going through a red light believing my story. It isn't life threatening but I can feel it now. The officer wasn't there but believed me and decided that the other person was not truthful.

I had a car accident on the way home from work. I had injuries that I suffered and will probably need time off from work. The drive was necessary for my commute home from work. If I need to recover money to pay for my expenses, is this something that workers' comp will cover? I am not sure if the other driver had good insurance and I am worried that they had the lowest amount of insurance and doesn't have much money. This is why I want to know if the car accident that happened on my daily commute might be considered a work accident.


Please post your question once, and only in one thread.
Thank you, your mod, AJ
 
Last edited by a moderator:
ladidah said:
I was involved in a car accident. The other driver went through a red light that turned red before he entered the intersection because I could see the reflection of the red light on the perpendicular road when I was approaching the intersection. The police were called and the other driver claimed that the accident was my fault because he went through a yellow light. The officer seemed to believe me because of how the accident occurred. I was oncoming, my light turned green so I proceeded right as soon as the light turned green and with some speed approaching the light. Maybe I was guessing a little because I have approached that intersection before but it doesn't matter. I guessed right and I did NOT enter the roadway until the light was green. Their car hit me on the driver door's side which means I was already in the intersection and their car was late. I was hurt and had to go to the hospital for whiplash injuries. The officer gave them a ticket for going through a red light believing my story. It isn't life threatening but I can feel it now. The officer wasn't there but believed me and decided that the other person was not truthful.

I had a car accident on the way home from work. I had injuries that I suffered and will probably need time off from work. The drive was necessary for my commute home from work. If I need to recover money to pay for my expenses, is this something that workers' comp will cover? I am not sure if the other driver had good insurance and I am worried that they had the lowest amount of insurance and doesn't have much money. This is why I want to know if the car accident that happened on my daily commute might be considered a work accident.


Please post your question once, and only in one thread.
Thank you, your mod, AJ
Click to expand...


No, if you're injured going to, or returning from work, its NOT workers compensation related.

As far as fault, a court will ultimately decide who's at fault.
A traffic citation has no legal standing other than an police officer's opinion that Judy committed a prohibited offense.
A judge will ultimately decide if Judy is guilty or not guilty, if Judy decides to dispute the citation.

As far as a conviction of a traffic citation related to an auto accident, it means nothing as regards the other party's medical bills or physical injuries.
If Judy was involved in accident with Petunia, and Judy was cited by Officer Susan, Petunia would be required to sue Judy civilly to obtain a judgment against Judy for Petunia's medical bills.

Petunia would best be served to report the matter to her insurance company.
Petunia's insurer will take care of her medical needs, or her health insurer via subrogation of Petunia's claim to her insurer.

Be smart, report the accident, as you required to do, to your insurance company.

All of the above aside, NY is a "no fault" auto accident state anyway.

In a no-fault state, a driver who has been injured in an accident turns to his or her own insurance company for the payment of medical expenses, regardless of who was at fault for the accident.

Plus, if the accident is over $1,000 or involves personal injury, a report must be made to DMV.

Read on, educate yourself:

http://www.all-about-car-accidents.com/resources/insurance-law/car-insurance/new-york-auto-insurance

http://statelaws.findlaw.com/new-york-law/your-new-york-car-accident-the-basics.html

http://www.ithacadwi.com/car_NYS_final__.pdf

http://www.alllaw.com/articles/nolo/personal-injury/laws-new-york.html
 
Nope, not a WC injury when you were just driving home from work - you were not doing any driving as a job duty. Sorry.

Notify your ins. co. of the accident.
 
A green light does not mean "go" . A green light means proceed when clear. Your rush into the intersection, timing the light, could have cost you your life.
Lesson learned the hard way. Next time take a moment to look before you go!
 

Share this page

Get a free case review from a lawyer
Back
Top