I work for a domestic violence shelter and we have clients who live on our property. A client hit my car and may not have insurance, shouldn’t my employer be responsible for the damages?

Get Legal Help Today

 Secured with SHA-256 Encryption

I work for a domestic violence shelter and we have clients who live on our property. A client hit my car and may not have insurance, shouldn’t my employer be responsible for the damages?

Especially, because they are housing the clients. How can I go about getting my
car fixed without having to claim it on my insurance?

Asked on July 26, 2017 under Accident Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An employer is not responsible for the intentional or negligent acts of others (including their clients) that are not related to the performance of their job duties. In this instance, you can sue the at-fault driver, however if they didn't have insurance they probably couldn't afford to pay for it. Therefore, suing them may result in your being awarded a jugment but you may well have difficulty in collecting on it.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, your employer is not responsible for your damages. Your employer is not your insurer: they do not guaranty payment or compensation for losses occuring during work or on their property. The employer would only be liable if one of their employees, as part of his or job (e.g. driving a client to a meeting or appointment or agency) hit your car. The person who hit your car is liable; you could sue him or her for the damage, assuming he or she has any money or insurance to pay.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption