Sued when driving work vehicle???

Question

My husband was rear ended while driving his work truck. It wasn't his fault at all. 2 years later they are sueing my husband. They said to bring the papers to HIS insurance company. BUT, his insurance is for HIS vehicles, not his work truck. What on earth is he supposed to do? He has only 20 days to act to the summons. Does our private insurance cover him while he's driving his work vehicle? Or shouldn't they be contacting his work's insurance??

Answer 1

When you drive a company vehicle you are acting in the position of an agent of your employer. If you are involved in an accident in the company vehicle, unless you have commited some form of gross negligence, it is the employers insurance carrier that will handle this problem. Have him give the summons to his boss.

Clearly this is a situation where the statute of limitations is about to run out, and that is the reason they are filing this "nuisance" suit (the theory is that the truck owners insurance will give them a small settlement to make the case go away).  If the case ever makes it to court you may want to have an attorney represent you at the proceedings to release him from liability.

Answer 2

If he was driving his employers insured vehicle He has to contact his employer.  His employer will contact their insurance co.  They will handle the case and defend themselves and your husband.

His personal Auto insurance company (probably) has nothing to do with it.

Answer 3

Well, first off, who is 'they'

I was involved in a crash in my work truck. Same situation. I was rear ended. totalled both vehicles and my van was covered by my companies insurance. However, these were vehicles that were only used for the purpose of work. No private usage at all.

Was your husbands vehicle private? or semi private? Was it during work hours?

You need to give more info, like was any party charged? Did your husband make a statement? and exactly WHO is They?

If your husband was not at fault, the other driver was fined, it was in work hours while doing work duties, I dont believe there is anything that can be done.

If it was on a weekend, or outside of work hours, possibly your husband should have had some insurance, as the car wasnt used for business use, and its possible that the company only had business insurance on the car.

At any event, you should refer the insurance company on to the at fault driver.

Im not sure how they could be sueing him. They hit him from behind. What does it say on the summons? On what grounds are they sueing him?

I would advise you to contact a lawyer. From the info you provided, your husband is not at fault, and they have no grounds to sue him. I think a police report should have been filed, as then there would have been an at fault driver.

Answer 4

I WOULD CONTACT ALL INSURANCE COMPANIES YOURS AND THE EMPLOYERS - THIS IS A TACTIC INS CO USE WHEN THEY WANT $$$ THEY SUE EVERY BODY THE JUDGE THEN DISMISSES ALL THAT ARE NOT DEEMED GUILTY