Am I responsible for a minor accident that happened while I was driving my company vehicle, not knowing my boss insurance expired?

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Am I responsible for a minor accident that happened while I was driving my company vehicle, not knowing my boss insurance expired?

I transport people in a company vehicle, at a stop light I bumped the car in front of me, at that time I found out my boss didn’t have insurance on the vehicle. My boss promised me he’d pay the damages, it’s been about 2 years now and he still hasn’t paid them. I am now getting letters from an attorney giving me 30 day to pay them, or they will sue me. Are they able to sue me or do they need to sue my boss since it’s his company vehicle I was driving?

Asked on September 5, 2017 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since you were driving a company vehicle, the company (your employer) is liable for the accident because the company is the registered owner of the vehicle. Also, an employer is liable for the negligence of an employee which occurs during the course and scope of employment.
The company is primarily liable; however, you are also liable as the driver of the vehicle.  The attorney will be going after the company in the lawsuit for negligence to obtain compensation.  You are being named as the driver in a potential lawsuit to cover all bases on the part of the attorney. 


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