Legal Question in Personal Injury in New York
Lawsuit to driver of company vehicle
My husband was in a car accident in his company truck during company hours. The driver of the other car cut him off. The driver filed a lawsuit against my husband's company and my husband. Can the driver come after us financially for this accident or would the insurance company take care of it?
2 Answers from Attorneys
Re: Lawsuit to driver of company vehicle
Your husbands insurance company should be primary. Your husband while operating in the course of his employment will be covered by his employers coverage-- however he may be liable personally as well- he must put his insurance carrier on notice.
Re: Lawsuit to driver of company vehicle
I received your post on 2-12-2001.
If your husband was, as we say, in the scope of his employment, them his company's insurance will cover. It is the same as if you lend a friend your car and she/he gets into an accident...then your insurance would cover her. Generally, the insurance coverage follows the car, not the driver.
Even if you put your own insurance company on notice, thy will not cover if he is in tghe scope of employment. Any questions, ask your broker (unless you have Allstate or State Farm, etc. These guys work for the insurance company..a broker is independant). They should advise you also.
Any questions, feel free to contact me at [email protected]
Good Luck
RRG