Legal Question in Personal Injury in California
Employer refuses responsibilty for accident.
I work as a freelance production Asst. in Los Angeles. Normally, the company has insurance that covers all facets of the job including accidents in rented vehicles. In this particular instance, when I picked up the truck I was unaware that to save money the company had foregone insurance and was renting the truck on the producers personal insurance.
Unfortunately, I rear ended a gentleman. My producer verbally told me that he would take care of it. Today I had a call from the gentleman to say that the company had sent him a letter stating that the insurance company and they were both denying responsibility for the accident and that he should contact me for any claims.The owner of the company that I worked for told me that I was an independent contractor and was required to have my own insurance. However, I do not beleive that I am an independent contractor as I was not driving the vehicle for my own purposes, nor was I doing it at my own time frame. I was told when to come to work, where to go and by when and when I could leave.
Am i responsible for the damages?I sincerely appreciate your taking the time to read this. Thank you very much for your advice.
2 Answers from Attorneys
Re: Employer refuses responsibilty for accident.
You need to force the insurance companies to be responsible. If you were paid as an indpendant contractor but were not then you can challenge this with the IRS on a form SS-8.
Joel Selik
www.seliklaw.com
Re: Employer refuses responsibilty for accident.
You will probably get sued, in which case you should file a cross-complaint against your producer and make them a part to this mess. Good luck.
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