Legal Question in Civil Litigation in New York

auto accidents

Two co-workers and myself are scheduled for an overnight trip 2 1/2 hours away. My boss told us that the company will provide us with a rental car. None of us are comfortable driving other people for liability reasons.

What are the laws regarding this issue? If I decided to drive my co-workers in the rental car and we were in an accident could I be personally sued if the accident was my fault?


Asked on 6/22/07, 1:19 pm

2 Answers from Attorneys

Charles Gueli Law Offices of Charles R. Gueli

Re: auto accidents

If you were in a car accident, and your passengers were injured, you would certainly be brought in as a defendant - whether or not the accident was your fault.

However, if you must take the trip, rental car companies offer Supplemental Liability Insurance (SLI) for an additional fee. This covers you up to $1 million. Barring a catastrophic accident, this would keep you covered.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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Answered on 6/22/07, 3:21 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: auto accidents

It sounds as though you are traveling in the course of your employment. If that is the case, then your co-employees remedies would be limited to workers compensation, in the event of an accident on this trip. If this is not actually employment, but only traveling with co-employees, then your liability for an accident driving

a rental car is over and above insurance.

If you have an accident with another vehicle, workers comp would not be involved, and any potential liability would be yours, your insurers and the rental company.

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Answered on 6/22/07, 6:18 pm


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