Is my employer liable for damages to my car that is driven on behalf of company?

I was driving my car on behalf of the company. In fact the president of the company was in my car. My car was damaged by an object that flew into my car from the opposing traffic on the freeway. The damage is relatively minor. I want to know if my employer is liable to the damage of my car.

Asked on March 12, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, the employer is not liable for damage done to an employee's car in the course of employment. The employer is not the employee's insurer; they are only liable for damage if and to the extent the employer caused the damage negligently (carelessly) or intentionally. In this case, they did not: they did not cause the object to fly into your car, and therefore would not be liable.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, the employer is not liable for damage done to an employee's car in the course of employment. The employer is not the employee's insurer; they are only liable for damage if and to the extent the employer caused the damage negligently (carelessly) or intentionally. In this case, they did not: they did not cause the object to fly into your car, and therefore would not be liable.


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