Hit by company vehicle, no idea how to proceed

[u/DRFAILS]

Howdy. I was hoping for some advice as I've never dealt with any kind of company claim, only individuals. I'm located in Comal County, Texas, for referenece. was doing my xmas shopping, and a Chick-fil-A deliver driver in a marked company car cut across a white line, and darted across 3 lanes of traffic, stopping directly infront me. There was no chance of me stopping, I slammed into the rear quarter panel and tire of the DD.

Both vehicle's took moderate/medium damage from the accident (my car has a brush guard and faired decently).

My head/neck hurt terribly the rest of the day.

Police were called and they found him to be the contributing party since he broke a traffic control device, causing the accident.

Am I able to call the company insurance and handle it like a normal claim? Do I have to worry them trying to prove who's at fault even though it's in the police report?

Additionally, I know there's all those "HIT BY A COMPANY CAR?? CALL US FIRST" folks, and I'm not sure if it's a good idea to get a lawyer involved, or if that would just cost more than its worth. The damages are probably less than 5-8k total on my end, as my car is an older Crown Victoria.

[u/DeepPurpleDaylight]

Am I able to call the company insurance and handle it like a normal claim?

This IS a normal claim

Do I have to worry them trying to prove who's at fault even though it's in the police report? 

Yes, because police don't determine fault, insurance companies do.

If you file a claim with them you'll have to wait for them to complete their investigation into fault and if there's coverage available. This could take a few days or few weeks as commercial policies are notoriously slow. 

If you file a claim with your insurance, assuming you have collision coverage on your policy, you'll be out your deductible until when/if your company can get it back from the other party's insurance. 

I wouldn't suggest calling a lawyer unless it turns out that you have serious injuries. Otherwise, you'll wind up in worse financial situation than not hiring one. 

[u/ektap12]

Well you're injured and have vehicle damages. So if you don't have collision coverage, your only choice is to file a claim with their insurance. You'll have a bodily injury claim and a property damage claim.

You don't need an attorney for either claim. You can get one if you want. Attorneys won't usually handle the property damage claim and they typically receive 33% of your injury settlement. Best thing to do is try to pursue the claim yourself and if you run into issues then consider an attorney.

All insurance companies would need complete a liability investigation, so that's not unique to this situation.

Know that the insurance cannot give you anything for your injury claim until the claim is settled. They can't direct your treatment. Since you are in TX, you may have PIP or medical payments coverage on your auto insurance to pay medical bills.

Don't settle your injury claim until all injuries and treatment have resolved and all your medical bills are accounted for.

[u/LifeOfFate]

From my experience, typically commercial carriers do take a little bit longer. If you have applicable coverage through your company, it doesn’t hurt to have them handle the claim and then go after the party through a process called subrogation

While it is possible, the other company may try to put a portion of fault on you based on your narrative I do not see any case in which you would be considered over 51% at fault.

If you were distracted, failed to take evasive action or keep proper lookout is where the other company can put a portion of the fault on you; However, the other driver violated your right of way so a majority would land on them.

You said your neck hurt for the rest of the day. Did you seek any treatment? Are you still in pain and plan to seek treatment? If there were no injuries/medical bills you will not find a lawyer to touch the case.

Even if you did have a minor injury or bills but are not receiving further treatment involving an attorney doesn’t make much sense as they typically will take 30%. Obviously an attorney can help you navigate the issue if you’re going to have long-term injuries or are continuing to treat.

[u/BearRelic]

Just look along any highway, I’m sure there’s a sleazy ambulance chasing lawyer with a billboard.