Legal Question in Personal Injury in Pennsylvania
Vicarious Liability Pt2
This is a follow up to my original Vicarious Liability question. I did not need any medical attention, but one of the agency's foster kids needed to be checked out by the ambulance crew. The ambulance bill arrived at the child's foster home and the agency is saying that I'm responsible for it. I'm not submitting it to my insurance b/c the original claim is closed(covered damages to my vehicle and the other vehicle) and the agency should be responsible for the kids in their care especially seeing that the accident happened while I was acting in the scope of my employment. I feel I am being asked to bear the brunt of the accident that would not of happened had I not been performing my job. Who is responsible to pay this ambulance bill? I'm not even sure my personal insurance(which is all my employer said that I needed) would cover these kids.
2 Answers from Attorneys
Re: Vicarious Liability Pt2
your motor vehicle insurance pays. Let them worry about geting the money back from your employer
Re: Vicarious Liability Pt2
Medical bills for an auto accident where worker's comp is not involved are payable under what we call "no-fault." The order of priority is-
1. If the child lived with a relative who had auto ins, that ins co pays the med bills (not likely since he's a foster kid),
2. The auto ins which insured the car he was in. That is the auto ins for the car you were driving. This will be paid under no-fault & has nothing to do with who may be at fault. If the vehicle belonged to you, & you do not in advance tell your auto ins co you transport people for pay, they may deny coverage, & you should speak to an attorney to get advice on how to proceed. If the vehicle belonged to your employer, your employer needs to report this to its auto ins co.