Legal Question in Insurance Law in California
My husband was in an accident using his own vehicle while doing company business. His work is saying that they will not cover the damage because he was the one at fault.
3 Answers from Attorneys
If he was injured, he should see a workers' compensation attorney right away regardless of perceived fault. As to property damage, he should sue the other driver (which is the same as suing their insurance company) or file an uninsured motorist claim with his own auto insurance carrier if he believes he was not at fault.
The Labor Code requires employers to defend and indemnify employees in exactly this kind of situation. It doesn't matter that he was at fault. The employer is still required to cover it. Unless you are uninsured, however, that is an issue between your insurance company and his employer. You should notify your insurance company and they will either pay and collect from the employer, or they will make the employer pay. Just be sure that your insurance company knows that your husband was driving in the course of his employment when the accident happened.
It seems that this should be covered under worker's compensation coverage. Feel free to call us at 213.388.7070 for a free consultation.
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