What is an employer’s responsibility regarding an employee’s car if it is damaged during a delivery?

I am an employee and not considered an independent contractor. If while delivering products for my employer and they require me to use my vehicle for the purpose of delivering said goods, are they legally required to provide coverage of my vehicle if it is wrecked in the course of my job duties (regardless of fault)?

Asked on November 9, 2011 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, they are not required to provide insurance coverage for your car (though they are certainly allowed to do so), any more than they are required to insure a laptop or smart phone which an employee uses for work and takes on business trips.

You may need, however, to notify your insurer that you using your vehicle for work, as well as for personal use. The nature of your use changes the  risk and the premiums; if you don't tell your auto insurer and you have an accident while using the car to make deliveries, if it comes out that you regularly do this, the insurer could have grounds to disclaim your coverage on the basis you misrepresented your use of the vehicle.


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