If I own a Janitorial service and ask my employees to use their own vehicle to go to their appointments, am I liable if they get into a car accident?

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If I own a Janitorial service and ask my employees to use their own vehicle to go to their appointments, am I liable if they get into a car accident?

Asked on May 18, 2014 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You could possibly be liable if they get into an accident while on business for you, since this would be liability incurred "in the course of employment" (since driving to the appointment is part of their job). Since it's their own vehicle, their insurance (if they have any), should also be available to pay any liability, but your employees may have inadequate insurance (or be uninusured). To better protect yourself:

1) Condut your business through a corporation or LLC to protect your personal assets from business-related debts or liabilities.

2) Have adequate insurance to protect your business.

3) Require your employees, as a condition of employment, to have and provide proof of their own adequate auto insurance.

 


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