What to do if my husband had an accident in an uninsured company car?

My husband was stopped at a light on a ramp of freeway and bumped the car in front of him leaving very little damage. It is believed that his employer did not have insurance coverage on the company vehicle. Long story short, it is now 2 years later and because his employer has ignored the situation, my husband received summons papers and are now being sued. She had us under the impression she was taking care of everything. Isnt it his employers responsibility to take care of what happened? And what happens now because of his employer not having insurance coverage? Who is responsible?

Asked on September 20, 2012 under Accident Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is not necessarily the employer's responsibility to take care of this, since both the at fault driver (your husband, who bumped the car in front of him) and the car's owner (the employer) could be responsible for any injuries or damages. The injured person (someone whose property was damaged or was him/herself injured--that is, the driver your husband bumped) could sue either the driver (your husband) or the car's owner (the company) or both to recover money. The comany, if sued, will presumably defend itself, but it is not required to defend your husband. If the amount sought is small, you are probably best off paying, trying to settle for something you and the other party can both live with, or acting as your own lawyer (but being prepared to pay if you lose); for larger amounts, contact an attorney to represent you.

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