by thecoolflyer » Sat Aug 07, 2010 05:18 pm
HI I reside in the Bay area in California. I had an accident on my way to a important trade show and I had to miss it because of it. My car was totalled and because I did not go to the trade show I loss major sales and also as a result I could not meet the sales goal. Subsequently, the company laid me off because of poor sales performance. Can I make a claim against the other party insurance?
The accident happen last mid december and ever since I could make the trade show, sales of the entire company has been going down. I was finally laid off in May.
The accident happen last mid december and ever since I could make the trade show, sales of the entire company has been going down. I was finally laid off in May.
Posted: Sat Aug 07, 2010 06:51 pm Post Subject:
You can make a claim for this. I'm 99% sure it would fall under their bodily injury coverage (it would be loss wages as a part of your injury). But you are going to need to show some indication that you would have obtained revenue had you been at the trade show and that this one trade show would have kept you employed.
A company let you go for being involved in an accident which as no fault of your own? They could not have sent someone else? Personally, I don't know if I'd want to work for a company like this.
You are in CA... you can pretty much collect for anything in that state.
Posted: Sat Aug 07, 2010 07:10 pm Post Subject:
Thanks. But I am still unemployed since May so how do I calculate the amount to claim? I won't know when I will be employed again? Any idea how to put number to it?
Posted: Sat Aug 07, 2010 07:51 pm Post Subject:
You can either wait until you are employed (but watch the statute of limitations) or take a good guess at it now. It's your choice. I can also tell you that I doubt you are going to be paid much without an attorney to threaten suit. The reason is, it's unusual for a company to fire someone for missing one sale, you'd need to show that you could have made a sale, you need to show that you were fired for missing this one sale (which can be a mitigating factor, not just rule out the claim) and not for another reason, etc.
Posted: Sun Aug 08, 2010 01:55 pm Post Subject:
CA statute of limitations is two years, so you still have about 16-17 months before it's too late to file a civil suit. And, it's true, with all the trial lawyers in the state, there will be one to give you false hopes of collecting a huge amount of money.
But this would be an uphill battle. You would have to prove that sales were lost (how would anyone know, other than customers who might say, "If Bill isn't my sales rep, then I'm taking my business elsewhere."), and the fact that sales have been on the decline since you were terminated may be an indication that you are not the cause of that.
Or maybe you are, but if that was the case, I would think the company would be desperate to get you back, which hasn't happened.
Without filing a civil suit, as tcope has said, you are unlikely to move the insurance company to act kindly in your favor. And even filing suit may not persuade them to offer anything of substance.
Your best evidence of lost wages would be supported by a showing that you've been receiving unemployment insurance benefits since that time.
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