Legal Question in Personal Injury in California
I work for an insurance company and on the job I had to go outside to look at a policyholder's odometer reading. I wasn't careful enough and when I opened the door I scratched the bottom of her car door. I didn't realize that the curb was so high. Now she is claiming the damages. I want to know if I am legally liable for the damages personally or is the company? Because I was on the job... Thank you
4 Answers from Attorneys
Under the California Labor Code, you're not liable, your employer is. But, insurance companies being what they are....
You and you employer can both be sued but the employer has to indemnify and defend you (pay damages and a lawyer to represent you in court).
I agree with Mr. Carballo and disagree with Mr. Stone. That the incident occurred while you your doing your job makes your employer liable, but does not relieve you of liability. The employer is liable in addition to you, not instead of you. The employer has to defend and indemnify you as Mr. Carballo notes. But if the employer fails to meet these obligations, you will have to fund the defense and pay any judgment yourself. You will be able to seek reimbursement from the company, but that is a different issue.
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