Legal Question in Employment Law in California

Car accident while on the clock--Who pays?

I was involved in an automobile accident while on a strict work errand. Technically the accident was my fault. I have no collision insurance to cover the damage to my own vehicle.

I assume my insurance company will resolve the liability issues, and seek out my employer's insurance as they see fit. But to what extent should my employer cover the costs of the damage to my vehicle?

I realize the accident was technically my fault; however, if I had known I would be assuming any risk for driving while on a work errand, I would not have accepted the errand.

Thank you for your time.


Asked on 11/26/06, 1:37 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Car accident while on the clock--Who pays?

If you were required to use your car for the benefit of the company and you were not grossly negligent, the company should reimburse you for damages incurred in the course and scope of employment. You could submit a claim to your employer's insurance carrier.

But you should know you could lose your job for getting in the accident in the first place, assuming you are an "at-will" employee. So be careful how you decide to handle this.

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Answered on 12/15/06, 6:26 pm


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