If I had a car accident as an independent contractor for a limo company and my ex-employer went after the defendant for vehicle damages but lost the case, what is my liability?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I had a car accident as an independent contractor for a limo company and my ex-employer went after the defendant for vehicle damages but lost the case, what is my liability?
Now, 1 year later the defendant has filed a class action suit against my ex-employer. I’ve been told by my ex-employer that both of us will be served subpoenas. Can this happen? Also, if I lose do I have to pay even though it is the limo company that the defendant is going after?
Asked on February 24, 2015 under Accident Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
As the driver, you will be named in the lawsuit. Although the other party is going after the limo company, that party could also seek compensation from you. If there is a judgment against you which you cannot afford to pay, it would be advisable to file bankruptcy. Chapter 7 bankruptcy is straight liquidation which will eliminate the debt.
There is an important distinction between an independent contractor and an employee. As an independent contractor, the limo company is not liable for negligence on your part which may have contributed to the accident. If you were an employee instead of an independent contractor, your employer would be liable for your negligence in the course and scope of your employment. Therefore, if the limo company claims that you are an independent contractor and not an employee, it is not liable for your negligence in the accident.
In the event of a judgment against the limo company, the limo company could sue you to recover the amount of the judgment.
Again, in the event of a judgment againdt you which you cannot afford to pay, it would be advisable at that time to file Chapter 7 bankruptcy. It would be premature to file bankruptcy prior to any judgment against you because you would not know the amount of the judgment.
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.