Legal Question in Civil Litigation in California

In 2007, I was a driver for a company that is no longer in business. I am now being sued for money due to Caltrans/State of CA for property damages/clean up fees after the company truck I was driving in 2007 caught fire on the freeway. Now that the company does not exist, am I legally responsible for payment to Caltrans or should they have submitted a claim to the insurance company that held the company's police on the date of the incident? Thank you.


Asked on 9/07/10, 1:10 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

You are correct that they should have submitted a claim to the insurance company. but if you were negligent in the fire occurring, you are also a proper defendant. If liability is based upon strict liability for trucks, you have no liability. That the company is out of busienss does not negate the insurance companies duty to defend and pay damages. They should be willing to represent you in the suit as long as you were acting within the course and scope of your employment. Cal-Trans may have a Statute of Limations problem. Contact the insurance company and see what they will do. If for some reason there is a conflict of interest in the suit [employer saying you acted outside of the scope of your duties], they mave have to pay for your "cumis" counsel to represent you.

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Answered on 9/12/10, 4:52 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Are they suing you now?

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 9/12/10, 10:23 pm


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