Can I hold my former employer responsible for damages that occurred to my vehicle while on a delivery?
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Can I hold my former employer responsible for damages that occurred to my vehicle while on a delivery?
Can I hold my former employer responsible for damages that occurred to my vehicle while on the job? I have in my possession the receipt from the repair that I had to pay for. Details I was a pizza delivery driver.
While on a delivery on the customer’s property I ran over a huge jagged rock that could not be avoided. This rock tore a hole in my vehicle’s oil pan and I had to pay out of pocket to have it repaired. I have spoken with the customer/property owner and I don’t believe trying to get them pay will be an option, as they make less money than I do. This explains the condition of the driveway. Since this incident occurred on private property there is no liability from the Department of Transportation. However, would my employer have any liability? I was on the clock doing my job when this incident happened. I’m sure they have insurance on their drivers, in case of an accident. However that insurance usually only covers damages to another person’s vehicle. I have not yet spoken with any of the HR at my former employers HQ but when/if I do Im sure they’re going to tell me they aren’t responsible for my incident. When/If that happens, can I take them to small claims? Aside from the judge’s decision, what are my realistic chances of getting my money back? Frankly, $450 is a lot of money to someone like me. I have no income right now and that $450 I lost was a 2 week
paycheck. I feel like I worked my last 2 weeks for free.
Asked on August 7, 2018 under Employment Labor Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You have as close to 0% winning as is possible, based on what you write. (Once in a great while, a court does something inexplicable, so that's why we can't say there is no chance at all.) The simple fact is, an employer is NOT responsible for damage to your vehicle, even if you using it at work, unless they were at fault in causing the damage (such as if another employee, also driving for work, backed his car into yours). Being on the clock or at work or dirving for work does not make them liable; fault is required for liability.
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