Legal Question in Personal Injury in California
I was working and driving another employees car during a work errand when I rear ended another car. The person who's car I hit is trying to sue me personally. Who is responsible to pay for his damages and how do I protect myself?
4 Answers from Attorneys
If you were in the course and scope of your employment, your employer must indemnify you for any damages that you are ordered to pay. If the owner of the car that you were driving has insurance on it, this would also cover you. If you own a car with insurance on it, this also may cover you.
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Good question.
First, if you were injured, you have a workers' compensation claim. Even if it's a stress claim from the accident (but only if it's valid, do not create damages in order to sue for workers' compensation - that's fraud!!).
Next, the plaintiff can sue any party who has a pocket. The employer's liable under the theory of Respondeat Superior (Unless your employer is broke, it would be prudent for the plaintiff to seek damages against the employer instead of you.), you're liable because you were the driver of the car that struck the plaintiff and the owner of the car may be liable because it was his car.
If you have automobile insurance, just submit the claim to your carrier. If you're not insured, then you may subject to penalties and license suspension, and subrogation from the plaintiff's carrier after the claim is finally resolved.
If you were injured in the accident (re possible workers' compensation claim), please give me a call for a free consultation at 1.877.505.INJURY. Otherwise, good luck.
You can open a worker's compensation case to receive temporary disability benefits, medical treatment and a settlement for permanent disability. You may also file a claim against the third party for pain and suffering and any other losses that you suffer such as loss of wages. You employer will seek reimbursemnet against the third party. Feel free to call us at 213.388.7070 for a free consultation.
The short answer is you are because you caused the collision. Since you said you were doing a work errand i.e. you were in the course and scope of your employment then your employer is also responsible.
Good luck and if you were injured you could also file a workers compensation claim even though it was your fault because it happened while you were on the job as fault is not an issue.
Good luck and hope you don't have to file a workers compensation claim.