If my personal vehicle was involved in an accident while parked in a hotel parking lot, isn’t my employer responsible for paying my deductible since I was there for business?

I was out of town for work. My insurance company ruled the accident no fault but I still have a $500 deductible. My employer is refusing to pay for my deductible.

Asked on February 27, 2015 under Accident Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, your employer is not responsible for paying your deductible (or any other costs). Liability, or responsibility to pay for damage to a car, is based on either:

1) Contract--there is a written agreement that person or company A will pay for damage to the car of person B; or

2) Fault--person or company A caused, either intentionally or through carelessness, the damage to person B's car.

Unless there was a written agreement that your employer would pay, or your employer actually caused the damage to your car, your employer would not be liable to pay, even if you were there on business.

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