Legal Question in Employment Law in California

I work for an incorperated security company who has a contract that provides security for a local school district. I collided with a light post on campus in my own vehicle on duty (we are not provided company vehicles). The school disrict forwarded an invoice for the repair to my employer. My employer then forwarded that invoice to me and is demanding that I pay for it. The total cost was $2,799. Shouldnt my employer have insurance coverage for such situations? Also, can they really demand that I pay for it?


Asked on 3/15/10, 1:52 pm

1 Answer from Attorneys

Herb Fox Law Office of Herb Fox

Yes, your employer should have insurance. Even if it does not, it is liable to the school district if the incident occurred, as you state, while you are on duty.

What is equally disturbing, however, that you are required to use your own vehicle while on duty. Certainly under this circumstance your employer must provide insurance for that use; it must also reimburse you for the cost of the use of your vehicle. The failure to do so may be a violation of state labor and insurance laws.

Depending on the size of your company, you may have the right to a class action suit on behalf of all employees who are required to use their own vehicle without reimbursement or insurance. My office handles such cases throughout California. Please contact me if you are interested in a no charge, no obligation consult.

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Answered on 3/20/10, 11:22 pm


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