Rear ended on the way to work, ins. co. is not helping

This is a stupid and complicated story. I need some help/advice to think it through.

I was on my way to tutor yesterday morning when a truck rear-ended my car at a red light. The visible damage to both bumpers was minimal, but it was a good "whump," and my neck and back are sore.

The driver was extremely apologetic and begged me not to call the police because he was unlicensed. I called them anyway, but they said if the damage was minimal, we could take care of it between ourselves. This despite us being in view of the local police barracks.

The driver was driving his employer's truck on the way to get coffee at the deli. I didn't feel like ruining his life over a fender bender (my guess is he's an undocumented worker), so I agreed to take his employer's info instead. I only have his first name. I did get photos of the registration, insurance card (New York State), and position of the cars at the light, as well as what our bumpers looked like. 

Also, a friend of mine happened to drive by and came over to make sure I was okay. If necessary, I'm sure I could count on him as a witness.

I reported the accident to their insurance, which happens to be mine as well, which is probably one reason why they're making this more difficult.

The two bad things I'm facing now are:

1) There is a $200 deductible on medical expenses. I don't feel like I should have to pay anything for this!!

2) Now they're telling me they might not pay ANYTHING because I was on my way to work and it should be under workers' compensation (which I don't have). I pay almost twice as much for my policy because I'm self employed, so whaaaat? I pay more, but any accident I have while on my way to work won't be covered??

Getting the phone number of the car owners has been impossible. I could go to the address listed on the registration, but that feels extreme to me. I feel like they should pay, though.

I'd rather not have to go to lawyers for this, but this stupid little incident is blowing up, and I might have to.

NY is a no-fault state so you are talking about your own insurance policy's PIP coverage, right?

If that's the case, then:

superteach:

1) There is a $200 deductible on medical expenses. I don't feel like I should have to pay anything for this!!

But you will have to pay it because that's what your policy says you do.

superteach:

2) Now they're telling me they might not pay ANYTHING because I was on my way to work and it should be under workers' compensation (which I don't have). I pay almost twice as much for my policy because I'm self employed, so whaaaat? I pay more, but any accident I have while on my way to work won't be covered??

It's possible. But you are going to have to carefully and thoroughly read your policy's PIP coverage part for the EXACT terms and conditions regarding work related injuries.

When you find them, quote them here word for word and I'll be able to comment.

superteach:

Getting the phone number of the car owners has been impossible. I could go to the address listed on the registration, but that feels extreme to me. I feel like they should pay, though.

I'd rather not have to go to lawyers for this, but this stupid little incident is blowing up, and I might have to.

If your injury falls within the legal parameters of the PIP coverage then that's what you are stuck with by law and visiting the other driver or getting a lawyer would be a waste of time. Although it might not be a bad idea to consult a lawyer and get an explanation of the no-fault laws of NY.

Meantime, here's a couple of articles (written by an attorney) that explain it:

http://www.preferredconsumer.com/legal/articles/new_york_no_fault_law.html

http://www.preferredconsumer.com/legal/articles/new_york_automobile_no_fault_law.html

You may be getting into area of extortion ( a crime) if you make a direct threat of pay me or else I report possible criminal conduct to authorities --but the other driver and his employer should be quick to get the message without making a direct threat?   Phrase it most carefullyor use a lawyer to safely not go too far....  

This is all I could find in the policy. Nice and clear, eh? So if I don't carry my optional workers' comp insurance, I'm SOL?

11. Non Duplication: This SUM coverage shall not duplicate, any of the following:
(a) benefits payable under workers' compensation or other similar laws;
(b) non occupational disability benefits under article nine of the Workers' Compensation Law or other
similar law;
(c) any amounts recovered or recoverable pursuant to article fifty one of the New York Insurance Law or
any similar motor vehicle insurance payable without regard to fault;
(d) any valid or collectible motor vehicle medical payments insurance;
(e) any amounts recovered as bodily injury damages from sources other than motor vehicle bodily injury
liability insurance policies or bonds.

Drew:

You may be getting into area of extortion ( a crime) if you make a direct threat of pay me or else I report possible criminal conduct to authorities --but the other driver and his employer should be quick to get the message without making a direct threat?   Phrase it most carefullyor use a lawyer to safely not go too far....  

A useless excercise, Drew, as the OP's injury (described as sore back and neck) isn't going anywhere near the level required for an injury claim against the other driver. The NY threshold is explained in the first link I posted.

PA has a similar no-fault and PIP system except that the PA no-fault laws allow you to buy a "full tort" or "limited tort" policy. A "full tort" policy allows you to make injury claims of any size. A "limited tort" policy requires that injuries within the threshold be covered by your own PIP coverage. A "full tort" policy in PA costs a lot more than a "limited tort" policy. Which one do you have, Drew?

Oh my gosh. Where did I imply extortion?? I did a kindness to the driver, but it was on the condition that his employers made good on it. They never, ever contacted me, despite my efforts to contact them (I went through their insurance agent). The least they could do is apologize. I want them to be in touch with me, at least.

superteach:

Oh my gosh. Where did I imply extortion??

Pay no attention to Drew. He writes that stuff all the time. LOL.

superteach:

I did a kindness to the driver, but it was on the condition that his employers made good on it. They never, ever contacted me, despite my efforts to contact them

The employer has no obligation to contact you. That's why he has insurance. With regard to your car damage, his policy covers it. With regard to your injury I'll come back shortly to discuss that again.

superteach:

I went through their insurance agent

Exactly right.

superteach:

The least they could do is apologize

Not gonna happen.

superteach:

I want them to be in touch with me, at least

Also not gonna happen.

Be back shortly.

superteach:

They never, ever contacted me,

According to your original post that happened yestrday afternoon, less than 24 hrs ago?

Have you considered the fact that the driver didn't bother to mention the accident?  I would contact the business and ask them if they are even aware that their vehicle was involved in an accident.  See what happens when you ask them and that might give you a clue as to your next course of action.  You will be bound by the terms of your policy if you file.  Double your efforts to make contact, but chill.

superteach:

This is all I could find in the policy. Nice and clear, eh? So if I don't carry my optional workers' comp insurance, I'm SOL?

Not necessarily.

According to the NY WC Board's website:

"Workers' compensation coverage is not required for a sole proprietor who does not have employees"

http://www.wcb.ny.gov/content/main/onthejob/CoverageSituations/soleProprietorships.jsp

My opinion for the two cents that it's worth is that there are no benefits payable to you under NY's workers compensation laws, so your PIP would cover your injury.

Refer your claim rep to that WCB web page.

If you need a statute citation to back it up, call the WCB and ask for the statute number. Their website has a link to the WC laws once you have the statute number to look up.

http://www.wcb.ny.gov/content/main/wclaws/newlaws.jsp

Sorry, I meant it happened Wednesday. Maybe I have a head injury, LOL. (Seriously, I had a crazy headache yesterday.)

The driver was on the phone to the owner of the truck on the scene. He wanted the owner to take responsibility for the accident to the police so the driver wouldn't get in trouble. So I know they are aware of the accident. Plus their insurance company contacted them.

There is no contact number for the "business." Actually, there is one, but it's wrong. The person at that number said they keep giving it out, but she thinks they might be perpetrating fraud. Her words, not mine.

DPH:

superteach:

They never, ever contacted me,

According to your original post that happened yestrday afternoon, less than 24 hrs ago?

Have you considered the fact that the driver didn't bother to mention the accident?  I would contact the business and ask them if they are even aware that their vehicle was involved in an accident.  See what happens when you ask them and that might give you a clue as to your next course of action.  You will be bound by the terms of your policy if you file.  Double your efforts to make contact, but chill.

OP's already contacted their insurance company. Further efforts to contact the employer would be superfluous as long as the injury is covered by the OP's PIP and the car damage is taken care of by the insurance company.

Thanks for the info on WC. I will hold onto that link for when the adjuster calls me next week. But for now, I don't even feel comfortable seeking medical attention, not knowing if it would all come out of pocket.

Also, it was about 8 AM on Wednesday morning.

superteach:

I don't even feel comfortable seeking medical attention, not knowing if it would all come out of pocket.

Getting medical attention shouldn't be based on who's paying for it.

If you need medical attention, get it. Otherwise you just mess yourself up.

If you can do without medical attention because you don't want to pay for it, you probably have no claim anyway.

By the way, low impact back and neck ache often responds to rest and Ibuprofen within a couple of weeks (I've had a few myself). You might not even spend anywhere near the $200 deductible. If that happens you are prohibited by law from making an injury claim against the other driver anyway.

I appreciate you trying to help. But have you ever been in a financial position of having to self pay for medical care? I was uninsured for several years and had to have major surgery. Luckily, I was able to get insured at the last moment. Otherwise, I could  have died - or been bankrupted completely for the rest of my life. (I'm in my mid-forties.)

If it turns out that the auto insurance won't pay and my health insurance won't pay, then I could be out thousands of dollars for tests and treatment. On a low income, that could devastate me. All for a rear ending that was in no way my fault.

You may think the cost of getting a neck and back looked at and treated isn't much money. But it's amazing how much it adds up. Don't look at the insurance bills; insurance pays much less than self payers. The x-rays alone could be a couple of hundred or more. If I go to the ER, it's a minimum of $1,000 plus to just walk in the door. Then there are office visits and any necessary treatments. My sister, who was rear ended in the summer, is still getting chiropractic treatment (covered by her auto insurance).

That's why this is a nightmare.