Legal Question in Employment Law in California

farming board

my family and I were in a car accident. an illegal alien caused the accident. he was employed through a certain farming agency. he of course did not have insurance and we are pretty much out of luck with that. can we go after the agency that hired him and was paying him for his services.


Asked on 5/31/07, 3:01 pm

5 Answers from Attorneys

Marco Cosentino Law Office of Mark J. Leonardo

Re: farming board

Do you know whether or not he was driving within the course and scope of his employment?

Was it a work vehicle or his own vehicle?

If he was driving for work, you can probably have a valid cause of action against the employer.

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Answered on 5/31/07, 3:07 pm
Bryan Becker Stutz Artiano Shinoff & Holtz

Re: farming board

I hope you and your family are okay after the accident. Was the other driver performing work related activities at the time of the accident? In other words, do you know if he was driving on behalf of his employer? If the answer is yes, then my answer in reply is that yes, you may pursue his employer.

I would be willing to discuss your case to see how I may be of assistance.

I offer prospective clients an initial consultation of 30 minutes for free.

I look forward to speaking with you.

Yours truly,

Bryan

Bryan C. Becker, Esq.

Principal

Law Office of Bryan C. Becker

The Koll Center

501 W. Broadway, Suite 800

San Diego, CA 92101

Toll Free: 877*201*8728

Direct: 619*400*4929

Fax: 619*400*4810

Member, National Association of Consumer Advocates

www.naca.net

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Answered on 5/31/07, 3:09 pm
Joel Selik www.SelikLaw.com

Re: farming board

Yes you can. Call me.

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Answered on 5/31/07, 3:18 pm
Terry A. Nelson Nelson & Lawless

Re: farming board

yes, if he was on the job in his own car, or driving a company car. On his own time in his own car, your assessment is correct: out of luck unless he has assets and volunteers to settle [not likely]. Otherwise, he'll just disappear if you pursue him. If it was not his car, you can sue the registered owners who let him use it, with a cap of $30k liability. If you think there are any of those openings, feel free to contact me.

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Answered on 5/31/07, 5:11 pm
Briny Adam Woods WOODS LAW GROUP, P.C.

Re: farming board

The other responses you received were correct. One additional option is to pursue your own auto insurance company if you had Uninsured Motorist coverage. Please let me know if you need me to review your insurance policy to make this determination.

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Answered on 6/01/07, 12:10 am


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