Legal Question in Civil Litigation in Pennsylvania

Who's responsble?

My college age son is doing a summer internship (essentially non-paying, except for a small stipend) at a non-profit organization. His normal place of work is in an office , to which he takes public transportation. However, because he drives a car (my car, actually) he's occasionally asked to drive to a location to do ''community outreach''. A couple of weeks ago, on a weekend, he was asked to drive to the office, pick up some publications, a table, etc, and go to one such location, a park where there was a festival going on. He parked the car on a city street as near to the location as possible, and when the day was over and he went to retrieve his car, it was clear that it had been struck by a hit and run driver sometime during the day while it was parked. To repair the damage costs about $900.

Who is responsible for paying the repair, me (my insurance company) or the organization (their insurance company) for which my son works?


Asked on 7/26/07, 9:13 am

2 Answers from Attorneys

John Gibson John W. Gibson, Esquire

Re: Who's responsble?

You should report the loss to your own insurance company and explain the circumstances. You company will explore all possibility of co-insurance or subrogation from the organization's insurance company or the hit and run driver. Ultimately, I think your own insurance company is on the hook.

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Answered on 7/26/07, 9:37 am
Maxwell S. Kennerly The Beasley Firm

Re: Who's responsble?

Most likely, the employer (or their insurer) is responsible.

I cannot give you a definite answer because there are a number of questions wrapped up there at once, including whether either of your insurance policies exclude that type of damage arising from your son's employment, and whether his use of the car truly was in the course of his employment or not. (It sounds like it was, but that's not a guaranteed legal conclusion)

Nonetheless, if the question is simply whether an employer is responsible to an employee for damage that occurs to the employee's property in the the course of the employee's work for the employer ("simply," huh?), then the answer is: the employer is responsible for the damage. Or, more properly worded, the employer has a duty to indemnify the employee for losses incurred in the furtherance of employer's business.

You should speak with your son's employer and find out, first, who their insurer is, and, second, whether they believe the damage is covered under their own uninsured motorist policy. Then you should put your insurer and their insurer on notice about the accident, so that the two insurers may figure out what they plan to do. There are good odds that, initially, your insurer will have to be the one to pay for the repairs, and they will then seek reimbursement from the employer's insurer.

Your insurance policy may have already "subrogated" your right to sue the employer for this damage; if not, your insurer may ask you to subrogate your claim to them (which is fine, if they've paid or will pay for your repairs and you don't have any other claims).

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Answered on 7/26/07, 9:52 am


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