Legal Question in Insurance Law in California

Manager says I have to go through my auto insurance, even though the work is res

I had an Accident with a car at my work. I was fired for it and the manager is saying that I wasn't covered by their insurance, even though I drove every single car on their lot EVERY night for over five months. This night, I hit a wall with one of the cars, obviously unintentionally, and they said that their insurance doesn't cover me because I am not 25 years old. So, they are trying to go through my insurance even though it was on work time, on work premices, and in a car that was one of theirs. I think that they are in the wrong for this and it isn't my fault that they didn't have me covered. Then, once this was all said, they said I am fired because of an accident. Please help me and tell me what to do in this situation! Thank you so much for your time!


Asked on 2/04/03, 3:10 am

2 Answers from Attorneys

Steven Murray Steven W. Murray, APC

Re: Manager says I have to go through my auto insurance, even though the work is

If you were driving a vehicle the company owned, you are covered as a permissive user unless you have been specifically excluded by name. I doubt if this is the case since you had been driving their cars.

If you were acting within the course and scope of your employment, your employer is responsible for the damage to the wall and to the car. You are not liable for a simple accident.

Your personal insurance would only get involved if the employer had no other coverage and a third party made a claim. I do not think your employer can hold you responsible for damage to its property for simple negligence in the course of your work for that employer.

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Answered on 2/12/03, 2:02 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Manager says I have to go through my auto insurance, even though the work is

what type of job did you have with this company and what is their business? rental car agency?

from the facts given so far, it sounds like you should have been covered thru your employer's insurance carrier, at least under a permissive use theory, and your insurance company should not be liable in any way, shape or form unless your employer did not have insurance or you were not included coverage in its policy. if you may need additional assistance or an attorney to negotiate on your behalf, contact me with more facts. [email protected]

562-743-1357

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Answered on 2/12/03, 2:45 pm


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