Legal Question in Personal Injury in California
can I be sued if I was driving a company vehicle?
I was driving a (privately owned) company tour van, on company business, and a guy on a bicycle broadsided me as I was making a left turn. Although it looked clear to make the turn, a truck created a blind spot, so neither of us saw the other. The accident report determined that I was at fault. My boss does not want to inform his insurance company. The cyclist is asking for an out of court settlement, but keeps raising the amount he wants to be reimbursed. If they can't reach a settlement, can the cyclist sue me as an individual as well as the company?
3 Answers from Attorneys
Re: can I be sued if I was driving a company vehicle?
Yes. But if you were acting within the course and scope of your duties at the time of the accident, the company will probably have to defend and indemnify you -- assuming it doesn't go bankrupt in the meantime.
Re: can I be sued if I was driving a company vehicle?
Yes, but that is what insurance is for. Make a claim if it happens.
Re: can I be sued if I was driving a company vehicle?
Yes, Yes, Yes! No your employer does not have a legal obligation to indemnify you, but then again, you could sue your employer for failure to provide insurance.
In cases like this, I usually sue the driver, and the company knowing full well that the employer will be liable for the acts of it's employee who was working in the course and scope of his employee.
I am very suprised the cyclist has not retained an attorney!
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