Struck on the driver's side of a work vehicle

Attorney Answer

Being in an employer's vehicle raises a question most people do not think to ask: whose insurance responds, and were you working at the time?

Two things follow from the vehicle belonging to an employer.

First, the coverage. A commercial policy usually covers the vehicle and an authorized driver, and it may include medical payments or uninsured motorist cover that you would not otherwise have. Your own policy may also respond. Which applies, and in what order, is decided by the policy wording rather than by whose name is on the vehicle.

Second, whether the trip was work. Collecting breakfast before starting can fall either side of the line, and the answer matters because an injury in the course of employment brings workers' compensation into play alongside the claim against the other driver. That is not a reason to characterise the trip one way or the other — it is a reason to describe it accurately and let the right rules apply.

A side impact at the driver's door commonly produces symptoms that arrive after the first day, so five days out is still early enough for the record to matter.

What you can do

1. Tell your employer about the collision and ask which insurer covers the vehicle. 2. Describe the trip accurately to everyone — what you were doing and whether your shift had started. 3. Get the crash report and the other driver's insurance details. 4. Be examined now and describe every symptom, including ones that seem minor. 5. Speak to a Georgia attorney about whether a workers' compensation claim runs alongside this one.

⏱ Time limits apply. O.C.G.A. § 9-3-33 requires actions for injuries to the person to be brought within two years after the right of action accrues. Waiting also costs evidence — footage is overwritten and memories fade — so the practical deadline is usually much earlier than the legal one.

A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.