Legal Question in Employment Law in California

Insurance Responsibility of Employer

I work for a small company in a secretarial position. In addition to office

duties, I'm also expected to run errands for the office by driving in my own

car to pick up documents and/or parcels during business hours. My company

doesn't pay for any gas usage, eventhough some trips are 20 miles or more

away. Is the company responsible for either mileage accrued while performing

job duties or partial car insurance payments on my vehicle? What are my

rights if I get involved in a car accident while running office errands during

office hours on my own insurance policy?


Asked on 10/20/04, 2:13 am

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Insurance Responsibility of Employer

California law requires that you be reimbursed for all expenses you must pay out in order to do your job. Milage must be paid at the IRS rate of .37 1/2 cents per mile, or actual expenses which ever is greater.

As to insurance, if you are in an accident, the employer will have some liability in some circumstances, again because the employer must reimburse you for any expenses you are required to pay to perform your job. The IRS reimbursement is designed to cover all expenses, including insurance expenses you must pay but in the case of an accident the employer may still be on the hook.

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Answered on 10/22/04, 5:01 pm


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