QUESTION
Would a waiver of liability even matter if there was an accident and the client sued me?
Asked on Apr 15th, 2014 on Personal Injury - North Carolina
More details to this question:
I work as a home health aide and use my vehicle to take the person I am caring for shopping and to appointments. I am worried about what happens if I had an accident. I asked the owner of the company that I work for and he told me that they signed a waiver of liability that says the company or me wouldn't be held responsible in case of an accident. I haven't actually seen the document, yet. I don't even believe my name is on it since the owner of the company contracted with the client before I was given the case.
6 ANSWERS
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I don't know if a waiver would stand up in that circumstance, as to either you or your employer. However, you have insurance on your car and your employer undoubtedly has coverage under a general comprehensive liability policy.
Answered on Apr 17th, 2014 at 6:47 PM
Ronald A. Steinberg
You need to talk to the owner of your company. The owner of a car is liable for causing an accident. The company that employs that owner would be liable if the accident occurred during the course and scope of the employment, but you would still be liable as the driver. You need to see the waiver of liability and you need a copy of it for your own records.
Answered on Apr 17th, 2014 at 6:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would be skeptical of any such agreement, either between yourself and the patient you are caring for or the patient and the company. Generally it is against public policy to allow a person to contract away the results of their own negligence.
Answered on Apr 16th, 2014 at 11:04 AM
Thomas Edward Gates
The waiver is not enforceable. If you are negligent in the performance of your job you will be liable. If you were not negligent while performing the duties of your job, your company will be liable. If you have regular car insurance, it maybe voided using your vehicle for commercial uses.
Answered on Apr 16th, 2014 at 10:56 AM
James Eugene Hasser
It may not matter. It is difficult to waive a claim which has not arisen yet because you don't know the circumstances surrounding the potential liability. Check with your insurance company on coverage. There may be an exclusion for commercial use. If so, you should insist on your company buying you a rider or refuse to transport clients.
Answered on Apr 16th, 2014 at 10:47 AM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
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Beaver Courie Law Firm
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There is a very good chance that a waiver like the one you described would not be enforceable under North Carolina law.
Answered on Apr 16th, 2014 at 10:15 AM