If an employee let an underage person drive the company vehicle, who in turn ran into a fence, etc. in someone’s yard, will my employer’s insurance cover this claim?

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If an employee let an underage person drive the company vehicle, who in turn ran into a fence, etc. in someone’s yard, will my employer’s insurance cover this claim?

An employee drove my employer’s car home one night. Employee had permission to drive company truck. Without permission, he allowed a minor to drive the vehicle, who then crashed the vehicle into someone’s yard. Under this circumstances, will the employers insurance cover this claim ?

Asked on August 8, 2016 under Accident Law, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The employer's insurance will most likely deny the claim because the minor was an unauthorized driver.
The employer is liable for the accident because the employer is the registered owner of the vehicle.
The owner of the fence will sue the employer, employee, and minor for negligence.  Damages (monetary compensation  the property owner (fence owner) is seeking will be the cost of repairs to the fence.  The lawsuit (depending on the cost of repairs to the fence) will probably be filed in Small Claims Court.  In addition to the cost of repairs to the fence, the property owner (upon prevailing in the case) can also recover court costs which would include the court filing fee and process server fee.


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