Legal Question in DUI Law in Maine

Company leased cars and Drunk driving charges

If an employee drives a company car that is leased by the company and registered in the company name, and the employee has an accident due to drinking or is charged with an OUI, can the company be sued for damages?


Asked on 7/25/07, 8:21 am

1 Answer from Attorneys

David Marchese Drummond & Drummond, LLP

Re: Company leased cars and Drunk driving charges

Thank you for your inquiry. Hopefully, the company has insurance on the car. That insurance policy will be the primary insurance available to pay any damages. Beyond that policy, if damages exceed the limits, the injured party could look to the individual auto policy of the driver, and possibly other general liability policies of the company. Depending on the circumstances, particularly if the car was being used in the course of employment at the time of the accident, it is possible that the company could be a named defendant in any law suit filed in court. The most important thing is to notify the company's insurance carriers (auto; general liability) immediately so they can open a claim and do their investigation timely. You don't want to risk a denial of the claim for failing to do what the policy requires of the insured party. The insurance company will assign a claims representative who will handle any claims. If suit is filed, the insurance company will hire an attorney to defend and resolve the suit. Let me know if I may be of any assistance. Thank you.

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Answered on 7/25/07, 10:02 am


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