What to do about an accident in an uninsured company vehicle?

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What to do about an accident in an uninsured company vehicle?

I was working my job and on the way to the jobsite I got into an accident with another vehicle. The employer did not have insurance on the company vehicle at the time, so now I think that I’m stuck paying the damages. I feel this is wrong because it wasn’t my fault; the vehicle did not have insurance at the time.

Asked on October 24, 2012 under Accident Law, Colorado

Answers:

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

Answered 8 years ago | Contributor

If you were not at fault in the accident, then the other party's insurance carrier will pay for the damage to your company's vehicle.

If you were at fault in the accident, and the other driver has uninsured motorist coverage, their insurance carrier will pay for the damage to their vehicle.  That insurance carrier could still sue your company to recover the amount it pays on the claim.

If the other party did not have uninsured motorist coverage and you were at fault in the accident, the other party will sue your employer for negligence because an employer is liable for the negligence of an employee which occurs in the course and scope of employment.  If you were at fault in the accident, as an employee, your employer is liable and you shouldn't be liable for paying the cost of repairs to the company vehicle you were driving.


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