Legal Question in Business Law in California
Employer liability, respondeat superior in california, For a Rental Truck Accide
At the request of my company's CEO (my boss) I rented a 24'' Truck from Ryder TRS to move some office equipment with a fellow employee which our CEO had purchased. The insurance bought on the truck did not cover overhead collision. I was reimbursed for the full cost of renting the truck, moving equipment and the supplemental insurance.
After off loading the office furniture, I was on way to drop of the truck and stopped at a gas station to refill the tank (to avoid penalty fees). I hit the top of the truck into the gas station's canopy.
Ryder TRS is asking for approx. $4970 in damages, loss of use, admin fees (all which are stated in the rental agreement).
Given that I was asked by my employer to rent the truck (he knew I never drove one before) is my employer liable? Can I just tell the Ryder TRS people they need to go after my employer and leave me alone? (I have a copy of the signed reimbursement for the truck rental)
thank you.
4 Answers from Attorneys
Re: Employer liability, respondeat superior in california, For a Rental Truck Ac
You are both liable to Ryder. As far as between you and your boss, you will need to work that out with him.
Re: Employer liability, respondeat superior in california, For a Rental Truck Ac
You should inform the Truck rental company that you were acting on behalf of your employer and that the claim should be made to your employer. Your employer's general liability insurance should cover this. If he is not insured, you should still seek indemnification from your employer as you were acting on your employer's behalf. When your employer enlisted you in the activity, it assumed the risk of injury to the truck or others due to your negligence.
Re: Employer liability, respondeat superior in california, For a Rental Truck Ac
I agree that you're both liable to Ryder. You are liable because you were at the wheel. The employer's liability is added by respondeat superior.
Further, as between you and the employer, I think there is at least some possibility the employer could recover from you any damages they have to pay Ryder, so you need to be a bit diplomatic; either by policy or through insurance coverage they may not feel like holding your feet to the fire if they like you.
Re: Employer liability, respondeat superior in california, For a Rental Truck Ac
Was the boss asking you to move the office furniture on behalf of the company or for his own benefit? If for himself, he may be personally liable to you and to Ryder.
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