QUESTION
Can employer sue against ex-employee for private car damage during course of work?
Asked on Feb 12th, 2013 on Personal Injury - New York
9 ANSWERS
Ronald A. Steinberg
If someone causes you harm, you have a claim. If the harm arises out of the employment, it would probably be workers compensation. If not, then your claim is against the wrong doer.
Answered on Feb 21st, 2013 at 11:27 PM
General Practice Attorney serving Bingham Farms, MI
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The Niskar Law Firm PLLC
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I would need to know more about the circumstances surrounding the accident. Was it a company-owned car. Was the employee driving the car with the employer's permission. Was the employee acting within the course and scope of his/her employment at the time of the accident. Was the damage to the car the result of negligence, or was the damage intentionally caused.
Answered on Feb 18th, 2013 at 9:20 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Of course. Auto damage claim has nothing to do with employment and vice versa. One is apples. The other is oranges.
Answered on Feb 18th, 2013 at 7:42 PM
Workers Compensation Attorney serving San Bernardino, CA
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Nancy Wallace, Attorney at Law
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PRIVATE car damage. If you owed this person a 'duty of care' not to damage this person's car and you breached that duty, then yes, this person can sue for the damage. person being one who used to employ you.
Answered on Feb 18th, 2013 at 7:07 PM
There seem to be too many facts missing from this question to be sure what the situation is. Please add and repost.
Answered on Feb 17th, 2013 at 11:25 PM
Labor and Employment Attorney serving Sacramento, CA
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Cohen Durrett LLP
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An employer in the State of California must reimburse employees for all cost necessarily incurred in the course and scope of employment. If the damage was done by the employee on accident the Employer must be responsible for it. However, if the employee was guilty of GROSS NEGLIGENCE OR WILFULL MISCONDUCT then the Employer may sue the employee. But the Employer needs to think about what they can COLLECT. Does the employee have money to pay a judgment even if the Employer wins?
Answered on Feb 17th, 2013 at 8:48 PM
We need a little more information to adequately answer the question? It is unclear whether this is damage to a company owned car or to a third-party vehicle. Generally, California Labor Code Section 2802 requires employers to indemnify employees for fees, costs and damages incurred by employee in a lawsuit by a third party for actions that fall within the course and scope of the employees work duties. So, if a third party is suing you the employer has to indemnify you but I may have understood your question correctly.
Answered on Feb 17th, 2013 at 8:01 PM
I do not know the answer to your question, since I do not practice insurance law.I see no reason why your employer may not sue you for damage to the vehicle, if you were negligent, but I do not know.
Answered on Feb 17th, 2013 at 7:35 PM
Kevin J. Connolly
Yes, but...was the car covered by insurance. Were you driving with permission. Then it's covered by the employer's collision or comprehensive coverage. If you have your own car, notify your insurance carrier.
Answered on Feb 17th, 2013 at 7:34 PM