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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.