If my son’s employer sent him to pick up lunch for everyone in the car dealership shuttle van

and upon returning he hit a parked car in the lot, what is his liability?

The dealer wants him to pay them a $1000. Can they legally make him pay? It was on the clock.

Asked on May 2, 2016 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Being on the clock doesn't matter one way or another: all that matters is whether he was "at fault" in causing the damage. Since the most typical way to be at fault for auto accidents is to drive negligently or carelessly, and it is almost  by definition careless to hit a parked vehicle, you son appears to have been at fault. If at fault, then he is liable for  the damage he does: an at-fault driver is responsible for all injuries and damage he does, even when driving another's car or driving for work. If he doesn't pay voluntarily, they could sue him for the money; they could also, of course, fire him for damaging property and costing them money without reimbursing them for it.


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