Legal Question in Personal Injury in California

Re: Can i be sued as a civil person

If you were driving while on the job, you can be sued. However, your employers insurance co. will defend you and pay what damages are awarded or agreed to.

Re: Can i be sued as a civil person

You may be sued as well--if so, give the papers to your auto insurance company and let them defend you, as that's what the insurance is for.

Re: Can i be sued as a civil person

Yes, you can be sued as an individual. Also, even if the plaintiff doesn't sue you, the company might name you in a cross-complaint alleging that you were acting outside the scope of your duties at the time of the accident.

If you are brought into the suit as a defendant or cross-defendant, consult promptly with a local attorney about your exposure and your rights. You will need to provide more information than you listed here, and you will also need to show the lawyer a copy of the papers filed against you.

Most of the time, suits like this one are not expanded to include the driver. Plaintiffs and their lawyers usually don't expect the driver to have enough money to pay the award and do expect the company to be able to do so, so they focus their efforts where the money is. That doesn't mean that you are safe, though, since some cases are handled differently. It's up to the plaintiff and your employer whether you are brought in or not.

Re: Can i be sued as a civil person

It has been my experience that the plaintiff will include your name in the complaint, because you were the driver. In most cases the insurer for you employer will protect you. You should notify your auto insurance company of the accident. Then if you are served with the complaint forward a copy to your auto insurance company. If neither of these sources of insurance agrees to portect you then contact an attorney immediately.

Re: Can i be sued as a civil person

Your insurance company, even though the real party

in interest, will probably move to dismiss the lawsuit, he cannot sue them directly, he must sue you. When he does your insurance company must furnish you with a defense. If you lose, they will pay any judgment up to the amount of your coverage. They should attempt to settle the claim to protect you from an excess judgment, that is one in excess of your coverage. Even though they are only liable to the extent of your coverage, they also owe you the duty of protection, and should act in your best interests, not their own. If they don't you may have an action against them.