What to do if I was driving a company truck and got into an accident but the truck had no insurance?

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What to do if I was driving a company truck and got into an accident but the truck had no insurance?

I was working as a gate guard at a ranch and I went to do a routine check up at night. As I was driving, 2 illegal immigrants got into the vehicle unexpectedly and I lost control and crashed into a fence. This damaged the truck but there were no injuries. I called the border patrol, the sheriff, and my boss. It turned out that the truck had no insurance. Igot cited by the deputy sheriff for failure to control speed” and ”no insurance. Most probably I might end up paying the damages done to the property. What should I do? Can I avoid getting prosecuted for no insurance?

Asked on February 22, 2011 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to consult with an attorney. If you were driving someone else's truck, you should not face prosecution, license suspension, etc. for failure to provide insurance--that is the responsibility of the truck's owner. You may  need an attorney to help you forcefully make this point. (Obviously, if  it's your vehicle, it's your responsibility.)

If you were driving a ranch vehicle as part of your employment, both you and your employer can be held liable for property damage. (You as driver; they as your employer.) If it was your employer's property, either the employer or its property insurer (assuming they have property insurance, though apparently they don't have automobile insurance--if they put a claim into the insurer, the insurer then can look for reimbursement) has the right to sue you for the damages. Therefore, if you damaged your employer's property, you can be held responsible to pay for it.


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