Legal Question in Civil Litigation in California
On the job @ fault vehicle accident, non-company truck, liability Ins only
On July 14th I was returning to work after making a delivery to a customer. I was trying to enter a freeway from a two-way n/s overpass. I had to cross the SB lane. A Suburban traveling south cut me off. I tried to miss them & stay on the road, almost heading into the SB lane I lock up my brakes, go over a rounded curb (like a small speed bump) with a 2ft dirt ledge. When my front tires go over the ledge it drags the rest of MY very light '99 S-10. I slid down the onramp. I have only Liability Ins on my truck. The police report said it was my fault for ''Not yielding to oncoming traffic.'' I was making a delivery to a customer while on the clock. Our company did not have a ''company'' car/truck or any other vehicle other than mine. My Companies Ins said their policy only covered company owned vehicles & not employee owned. But get this, if I rent a vehicle & trash it they will cover it. So in the end they would not pay for damage to my truck. So I thought I could turn to our CEO & ask if they would at least help. He turned me down, saying that it was my choice to not have full coverage. Easy for him to say.
So the Question is: Am I stuck with the bill?? What is my recourse?? Does Worker Comp cover this??
TIA
1 Answer from Attorneys
Re: On the job @ fault vehicle accident, non-company truck, liability Ins only
You're probably stuck. The company isn't obligated to pay for damage to your truck, especially since you could have either avoided the accident or had insurance to cover such damage. If you had damaged someone else's property, the company would be liable for that damage (and would have a right to reimbursement from you), but it is not liable for damage you cause to your own property while on the job.
Imagine you are walking in your company's office and trip over your own shoelace. The fall might damage your glasses, ruin your clothes, break some personal item you were carrying or what have you, but it wouldn't be the company's fault. It would be your own fault for walking carelessly. There is no reason the company should have to pay for your damaged property under those circumstances. The same logic applies here.
The company's insurance extends to vehicles the company leases because a lease is a kind of property interest in the vehicle. The company has no such interest in your truck, which is why the insurance policy doesn't apply.
And worker's comp won't help you out either. It only applies to personal injuries (both physical and psychological) but not to property damage.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
