Employee injured while driving her own car
- Thread starter JWP
- Start date
- 2,623
If "while on the job" means that she was performing duties related to her employment then, yes, her employer's WC covers her injuries and lost wages.
Is somebody telling her different?
Is somebody telling her different?
- Thread starter
- #3
Thanks for the reply. One of my coworkers said it would be covered under the driver's personal auto policy, but I had my doubts so I just gave the insured the contact information to WC's claim dept. and that they'll have to get all details before making a determination.
- 2,623
WC pays first. Then she can collect additional benefits from her PIP policy.
I don't know what the current WC limits are. Might still be 66 2/3 of her wages. I think PIP pays 80%. So she can collect the 66 2/3 % of her wages under WC and an additional 17 1/3 % of her wages from her own policy.
Figures may vary but you get the idea.
Give her one of these to fill out for the WC carrier:
http://acords.com/forms/4.pdf
The carrier might have it's own form but that will give her an idea of what information she should provide.
Also have her put her PIP carrier on notice of the claim.
By the way, was she at fault for the accident? Was anybody else injured? What were the extent of her injuries?
I don't know what the current WC limits are. Might still be 66 2/3 of her wages. I think PIP pays 80%. So she can collect the 66 2/3 % of her wages under WC and an additional 17 1/3 % of her wages from her own policy.
Figures may vary but you get the idea.
Give her one of these to fill out for the WC carrier:
http://acords.com/forms/4.pdf
The carrier might have it's own form but that will give her an idea of what information she should provide.
Also have her put her PIP carrier on notice of the claim.
By the way, was she at fault for the accident? Was anybody else injured? What were the extent of her injuries?
- 4,575
Personal auto policy may not pay at all. I believe there is plenty of Michigan case law supporting the business use exclusion, especially if there was passengers being transported or delivering product.
Employer BAP may need to come into play for Non-Owned auto, assuming the Assisted Living has Symbol 9 I believe on their BAP
Employer BAP may need to come into play for Non-Owned auto, assuming the Assisted Living has Symbol 9 I believe on their BAP
- 2,623
There's an exception to the business use exclusion if a premium is charged for business use.
From a sample Michigan Personal Auto Policy - Liability Exclusion Section:
- 4,575
Correct. So, unless you have informed your personal auto carrier about your business use & added it as permissible on the policy, any business use would be excluded, correct? This has become an even bigger issue with all the uber, grubhub, etc not to mention the historical normal business use such as insurance agent, realtor, etc that might drive to & from different customers.
- 2,623
- 4,575
Exactly. That one for years was many times called out in the policy as an exeption, but today there are tons of other personal cars being used for all the myriad of new grocery, food, human delivery services.
The only reason I asked at all on this topic is was your original response indicated the person would go to their PIP policy after WC, but my thinking was that persons PIP policy likely excludes coverage & would instead need to look for coverage on the BAP non-owned coverage
- 2,623
I end up going back to the sample Michigan policy for each question. I found the following in the PIP section of the policy:
If an insured bought the coordinated benefit, apparently at a lower cost, then WC would pay first and PIP would pick up the difference up to the PIP limits.
If an insured did not buy the coordinated benefit, and paid more for his policy, then he would get full benefits on the PIP coverage because there is no exclusion in the PIP for work related injuries.
WC would not pay anything unless the PIP coverage was exhausted.
My pdf sample is too large to upload here but you can google Michigan auto policy sample form and probably find the one that I did.
If an insured bought the coordinated benefit, apparently at a lower cost, then WC would pay first and PIP would pick up the difference up to the PIP limits.
If an insured did not buy the coordinated benefit, and paid more for his policy, then he would get full benefits on the PIP coverage because there is no exclusion in the PIP for work related injuries.
WC would not pay anything unless the PIP coverage was exhausted.
My pdf sample is too large to upload here but you can google Michigan auto policy sample form and probably find the one that I did.
Similar threads
