Legal Question in Insurance Law in Florida

on the job company car accident/ being sued personally almost 4 years later

this is company insurance question, here are the details leading up to it.

My father was in a car accident 8/31/99. He states he was traveling North turning left(westbound) when the green arrow gave him the right of passage. The plaintiff was at the red light going South. To make it short, an accident occured when the plaintiff ran the red light. There were no witnesses and the police officer decided to put my Father at fault. 2 1/2 weeks short of 4 years my father gets served along with the company he was working for at the time (the deep pockets). The defendant was operating the van in the course and scope of his employment. the company he worked for at the time was bought out but set up shop elsewhere in Florida.

My question is: How do we go about getting the company car insurance at the time to pick up the coverage? Did I mention that the plaintiff was not insured at the time of the accident?

Also what about counterclaiming?The defendant had to have surgery on his shoulder since the accident aggravated it to a point that he could not work without the surgery. It will never be the same.

Thank you in advance.


Asked on 8/14/03, 1:44 pm

2 Answers from Attorneys
Kelly Henderson

Re: on the job company car accident/ being sued personally almost 4 years later

I would to a great extent agree with the previous answer, but I do think there is more to do. I would not mail the complaint to someone else and then simply ignore the lawsuit. I think you need legal advice on how to file an answer to the complaint if you are a named Defendant. There are serious time limits on how soon you must respond. Also check with your auto and homeowers insurance carrier to see if they will assist you with your defense of this claim in anyway.

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Answered on 8/15/03, 11:31 am
David Slater David P. Slater, Esq.

Re: on the job company car accident/ being sued personally almost 4 years later

1. The defendant should forward the papers (after making acopy)to his former employers insurance company. They should protect him. He should also send them to his own carrrier at the time of the accident, just in case of any problems with the first carrier.

2. Yes he can counterclaim.

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Answered on 8/14/03, 3:33 pm


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