Legal Question in Civil Litigation in California
Civil Liability
You are in a rental car, have waived the additional insurance and are driving the vehicle in the noral course of business, during regular business hours and are involved in an auto accident. Can you be personally liable for damages, or is it your employers liability? Oh, and you live in California.
2 Answers from Attorneys
Re: Civil Liability
You are responsible to the rental company if you're the one who rented it. Whether your employer is liable to you is another matter.
Re: Civil Liability
You are personally liable no matter what.
And since you are acting within the course and scope of your employment, your employer could also be liable under a "respondeat superior" theory. Most plaintiff's lawyers would sue your employer in addition to you. That way, they figure, if you can't pay, the employer or employer's insurance carrier will.
But don't forget to look also at your own automobile liability policy for coverage - they usually cover you in other vehicles, but might have particular exclusions for business driving.
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