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Old 05-09-2013, 01:24 PM   #76
VickiVM
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Could be that HR has to complete an internal investigation because the employee who wrecked your vehicle is a physician and the accident happened on what I'm assuming (I know, I know) to be private property.

There may be more at play going on here...the driving sounds very dangerous and erratic...

Report to them that the interaction with the dr is making you stressed and uncomfortable - let them handle that. And let your insurance company handle the accident. And you should just respond when appropriate to do so and take care of your own health.
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Old 05-09-2013, 01:28 PM   #77
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I'm sorry OP, that sounds like a huge mess and headache. HR is not handling this properly and the doc should have been told to leave you alone. There shouldn't be any question if they told you an employee would be fired but you're right, her position is probably affecting that outcome. Not fair but it happens a lot.

Stay calm, document, and touch base with HR to make sure they tell her to leave you alone. Let your insurance handle it with hers and push them for a comparable rental. Keep doing your job and being a model employee. Don't give them any reason to question your job.
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Old 05-09-2013, 01:31 PM   #78
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A few thoughts: first, you may well be responsible for your deductible. My car was hit by a drunk driver while parked overnight. My insurance company told me if I wanted to get my car back ASAP I should lay out the money and they would try to get it back from her insurance. After a few weeks of not getting a direct answer from my insurance company, they finally reimbursed me and then went after her insurance. It didn't hurt that she had already pleaded guilty so they knew they'd recoup the money.

I'm sure you won't be getting the most recent footage from security if HR has anything to say about it. They're all playing CYA now and security will follow suit. But I'm sure a lawyer might be able to subpoena the information.

I believe you should retain a lawyer because you don't want this to come back and bite you if they somehow fire you and change this to having to do with your pregnancy. And that's why I don't think staying home tomorrow is a good idea. Don't give them a reason to start keeping a list of marks against you. And I know how hard it is, but don't be emotional. This may be exactly the type of thing the company will keep a record of and try to use against you if they try to fire you. Now is not the time to give them any ammunition.

As for your rental vehicle, that's on you and your insurance. You could have any car/SUV/truck you'd like if you're willing to pay the difference between what your insurance covers (which is the coverage you chose) and what you want to rent. But I'm thinking you don't want to put out the money. No where in my insurance policy does it say anything about comparable coverage. I don't think any policy does. So if you're uncomfortable, pay the difference and then try to get it back from her insurance.

I know how hard it is, but don't be emotional. This may be exactly the type of thing the company will keep a record of and try to use against you if they try to fire you. Now is not the time to give them any ammunition.

Try to get a copy of any company policies that may cover this incident. If it's in writing they will have a hard time protecting the doctor, although the rules may be different for doctors versus employees. But your lawyer, should you choose to retain one, can figure that all out.

Good luck OP.

ETA: Make HR aware that the doctor followed you out and tell them to check the tapes. You can't expect them to keep her away from you/reprimand her if they're not aware of the situation.
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Last edited by PrincessKsMom; 05-09-2013 at 01:32 PM. Reason: One final thought
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Old 05-09-2013, 01:33 PM   #79
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I had a similiar situation last year. I came down to my new car in the parking garage, less than a month old, 300 miles on it, with the front bumper dinged and hanging on the ground on one side, side fender scraped. Luckily at the same time I got there, 2 guys from the garage office were there to put a note on it. There was a witness who got the plate number & vehicle description and turned it into the garage! They said the same thing, he backed up into me, got out looked at it and took off! Little did he know someone got his license plate #!

I called the police to report the incident with the license # and called my insurance company. My company was able to trace the license plate number, trace his insurance, get his address & phone number in no time flat the next day. They called his house and HIS MOTHER answered (love it!). She took the adjustor's number and he did call the adjustor when he got home from work. At least he admitted it! She asked him why he took off - he said "stupid I guess"! I had already had my car towed to my company's claim center body shop so they took care of it (after getting approval from his company) and subrogated against his company. I didn't have to pay the deductible since his company approved the claim. They got full payment back so it was not on my record.

I never heard back from the police so I don't know if they contacted him, maybe they did and that's why he was quick to admit it and cooperate. I guess I could have pursued pressing charges but I didn't see the point since he did cooperate and I got fully reimbursed. He did not work for my company, I didn't find out where he worked, it's a large public garage.
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Old 05-09-2013, 01:34 PM   #80
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To those that have asked, I was worried about the deductible before we knew who did it. When it was just a hit & run, we were going to have to come up with that.

HR is not the one who told me it was up to me if she got fired, SHE told me that hr told HER that.

HR is not responding to any of my messages or calling me back. My husband wants to call a lawyer.

I really want to call in sick tomorrow. I just don't want to deal with all the stress.

Also the rental I got is very hard to get in and out of while this pregnant. I miss my suv.
PPs are right, you should have a vehicle comparable to the one damaged. I was in an accident several years ago and the insurance company arranged for me to have a little Ford Fiesta. Now, I'm a big girl, not even pregnant, and I couldn't get in and out of this car with any degree of comfort. I simply told them that this was unacceptable, that a Fiesta was nowhere near a replacement for a Volvo 850 (the largest car they made that model year) and that I needed a full-size sedan. So they gave me a Lincoln town car. It took two months to fix my Volvo (couldn't find matching paint for a car that old!); I know I couldn't have managed in a Fiesta for two months.

Call your insurance company and insist on something comparable to your SUV. They're just trying to get away with paying the least amount they can get away with on this claim.

And if your company has paid sick leave and you have leave available on the books, by all means take it. It's not up to them to decide whether or not the stress of this situation is making you "sick." Your doctor would probably give you some documentation if you need it, but I doubt you will.

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Old 05-09-2013, 01:37 PM   #81
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Originally Posted by StephMK View Post
I'm sorry OP, that sounds like a huge mess and headache. HR is not handling this properly and the doc should have been told to leave you alone. There shouldn't be any question if they told you an employee would be fired but you're right, her position is probably affecting that outcome. Not fair but it happens a lot.

Stay calm, document, and touch base with HR to make sure they tell her to leave you alone. Let your insurance handle it with hers and push them for a comparable rental. Keep doing your job and being a model employee. Don't give them any reason to question your job.
Not that I'm in love with HR folks but the OP doesn't KNOW what HR has said to the Dr and how they are investigating the incident. HR can not and should not discuss any type of possible disciplinary actions of another employee.

OP, call the rental people and tell them you require a larger vehicle, comparable to what was damaged. They will clear it with the insurance company.

If approached by the Dr, walk away without comment.

Most importantly--CALM DOWN--no one was hurt and sheet metal can be replaced. Is the Dr a jerk? Heck yeah--
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Old 05-09-2013, 01:42 PM   #82
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Also the rental I got is very hard to get in and out of while this pregnant. I miss my suv.
{{{{hugs}}} For starters, who needs this kind of added stress when pregnant? So sorry you're going through this.

My brand new minivan was struck while in an EMPTY parking lot while my mom, little son and I were having breakfast nearby. When we got back, the person, thankfully, left a note. We called police, and called the person who hit my car.

I went through her insurance. Because there was no question she was at fault. When I got to the car rental place, I told them I wanted a minivan, because THAT was what I was being denied because of the insured. So to please contact the insurance co to get the auth for the upgrade. (Nicely, because it's wasn't the rental place's issue.) And her insurance paid it.

I'd call your insurance co. Explain you can't get in and out, ask to please have you upgraded. They will be subrogating this to her insurance co anyway. And ultimatley returning your deductible to you. YOUR ins co won't be out anything.

If they can't do that, upgrade the car yourself, keep the receipts, and get an attorney. You should not be denied anything or inconvenienced or stressed in ANY way while this is going on.
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Old 05-09-2013, 01:46 PM   #83
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Ok, I have not read through all of the posts so forgive me...but this is my take on the whole thing.

First I would also be furious if I came out of work to find my car had been seriously damaged and that whomever did it did not leave a note or try to find out who the car belonged to.

You did everything you should have done, contacted police and your insurance company, while the Dr. did nothing right. the fact that security discovered who was responsible is wonderful for you because now you do not have to worry about any of this coming out of your pocket.

But (and this is only my opinion) your HR dept did not have to give them your name all they needed to do was get her insuance information from her and forward that. If they decide to fire her for doing waht she did and not doing what she was supposed to that is on them NOT YOU. I would have no further contact with the Dr. advise her to contact your insurance company or better yet yoru lawyer.

I certainly hope that she gets a ticket and possibly arrested and if she gets fired, so be it.
Sorry that you had to go through it at all.
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Old 05-09-2013, 01:46 PM   #84
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I think you've done your part just by reporting it. If she harrasses you, play the pregnancy card on her & mention all the stress of having to have your vehicle repaired and finding transportation during the down time of the repair. She should worry more about being sued than being fired!!

While that may be true, I would warn you NOT to do this.

It may backfire badly for you, in that THEY can say that you are being too emotional and irrational because of your pregnancy, because you just admitted that you are "filled with hormones" and that is "affecting your judgement".
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Old 05-09-2013, 01:57 PM   #85
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PS: I suspect that one reason that she failed to report right away, is that would have revealed that she was 'UNDER THE INFLUENCE'.

That would certainly be a very valid reason for termination.
And, huge problems for her if she is already on record with prior incidents/convictions.

Doctors are not immune to problems with alcohol and the drugs that they have such access too.
Very common, actually.

A normal, unaffected, person just does not drive/behave this way!!!!!


I see people driving like lunatics every day. I also see people ignoring responsibilities every day. I think you're making a huge assumption to say she was drunk/drugged. A lot of people are just entitled *******es unfortunately.
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Old 05-09-2013, 02:03 PM   #86
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Notify HR every, single time the doctor approaches you. Notify HR of each incident with not just a verbal notice. You also need to send a written notice certified mail with return receipt. Retain a lawyer immediately. Let your lawyer handle communication with both insurance companies, the perpetrator, and your HR. It's time to protect yourself & your family. Your HR won't, your insurance company won't. They're going to protect their interests, which may not be the same as yours.
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Old 05-09-2013, 02:11 PM   #87
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I see people driving like lunatics every day. I also see people ignoring responsibilities every day. I think you're making a huge assumption to say she was drunk/drugged. A lot of people are just entitled *******es unfortunately.
True.... you can't count on assumptions...
And, I def. did NOT state that as any given assumption.
I never declared 'guilt'.

But, this possibility is just coming across as HUGE to me.
Can a normal 'entitled ****' get into a fender bender? Sure.
But, the extent of what the OP has described (both the extent of the accident, and the behaviors) just SCREAMS of a person who is somehow impaired. (first thing in the morning, arriving to work, no less)

And, I would feel remiss if I didn't mention that this could be an issue.

The OP, also, needs to be making no assumption as to the person she is dealing with, and what issues might be involved.
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Old 05-09-2013, 02:14 PM   #88
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While that may be true, I would warn you NOT to do this.

It may backfire badly for you, in that THEY can say that you are being too emotional and irrational because of your pregnancy, because you just admitted that you are "filled with hormones" and that is "affecting your judgement".
Unfortunately, this might be true.

This HR department seems bound to protect themselves and this 'Doctor'.

If you are deemed 'a problem'... They can and will find a way to handle the problem. DO NOT GIVE THEM ANY AMMUNITION AGAINST YOU.

Proceed slowly and deliberately.

Keep all of your bases covered.
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Old 05-09-2013, 02:21 PM   #89
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I wouldn't fire her. It has nothing to do with her capabilities as a physician. Should she get a ticket?? You betcha!! Arrested? No. I don't agree with that either, but that is a decision made by the police. Just make her pay the damages and move on.
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Old 05-09-2013, 02:30 PM   #90
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I don't see what hiring a lawyer is going to do for you at this stage, OP, much as it pains me (a lawyer) to say so. Though you may need to hire one at a later date.

Lawyers are not miracle workers. All we can do is protect your rights via legal proceedings. Right now I don't see anything for your lawyer to do except run up a bill.

Of course, I am not fully familiar with the facts, and encourage you to seek out legal advice from someone practicing in your area if you have any concerns.

Can I ask a question? Is it possible HR has stopped responding to you because you're not bringing any bew information to them, but rather, just keep asking them what they plan to do about the situation?

Lwe HR do its thing, don't keep pestering them to find out what they plan to do. Report any further incidents of harassment. If the situation does not resolve itself shortly, consider consulting the attorney about your hostile work environment.

I don't think the doctor is legally responsible for your stress in having to deal with the car accident, but may be legally responsible for stress you experience because of her harassment. Document, document, document. And if you see your OB make sure your OB documents everything as well.

And if you do hire counsel, don't go around saying stuff like "talk to my lawyer" or handing out her business cards. Walj away from the situation, call your lawyer and let her handle it.

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