Legal Question in Employment Law in California
My employer had me make a work related drop off one day. I got into a fender bender that resulted in $2200 worth of damages. I was told when hired that I was covered under her insurance. I initially asked, due to the fact that they had me drive a lot for work. It's the owner's personal car which we also use for business.
Anyway, she is claiming she has liability insurance and that her FATHER pays the insurance on the car. This being said, she doesn't want to go through insurance b/c she doesn't want the rate going up on him. If that happens he will stop paying the insurance for the car. So instead she is requiring me to cover the $2200. Not to mention she then informs me that the car is registered in North Carolina and not California and she doesn't want to register it here because she doesn't want to pay for it. I don't mind taking responsibility if it is my responsibility. But at the same time she is giving me no alternate options except to just pay the $2200 (that I don't have anyway).
What do I do? Am I responsible for this?
Thank you.
1 Answer from Attorneys
No, you are not responsible to pay for the damages, unless it can be shown that you were grossly negligent in causing the accident. If the accident occurred in the course and scope of your employment, the employer is responsible for paying the damage to the car. She may not withhold your pay or deduct it from your paycheck. If she does not want to report the accident to her father's insurance company, it will be her responsibility to pay cash for the damage.
Incidentally, you should not be driving a vehicle on work assignments if there is no insurance to cover any future incidents. If an accident were to occur, the other party may come after your insurance company, which is not a position you wish to find yourself in.
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