Whose hasliabilityif an employee uses their own vehicle and has an accident?Accident responsibility

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Whose hasliabilityif an employee uses their own vehicle and has an accident?Accident responsibility

I was working for a landscaping company shoveling snow last week. When I arrived with my father’s truck (due to weather I needed it to get to the shop where we meet since its 4wd) they asked if I would use it to transport a couple guys and a snow blower to a few sites. They said “they would take care of me for it”. Near the end of the day, the other workers loaded a very large snow blower on the back of the truck but did not strap it down. I spun out on the highway and the snow blower flew out of the bed of the truck and another motorist hit the snow blower. What can I do?

Asked on February 3, 2011 under Employment Labor Law, Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well, first thing you need to do is to report the accident to your insurance company. They will, however, disclaim coverage to indemnify you but they maydefend you in this matter against the lawsuit that is going to ensue from the motorist that hit the blower.  I am sure that your policy is personal and not for use in employment so they have their out. You also have to report it to your employer's insurance company and if he will not do so voluntarily then you have bought yourself a huge lawsuit here.  Well, that may be the case either way.  How the lawsuits are brought are very complicated: called declaratory judgement actions.  If they do not come out in your favor - and they may indeed not - then you have a suit against your employer here.  Your issues of proof will need to be discussed with your attorney.  This is all the worse case scenario but you have to be prepared for what is coming.  Good luck to you.


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