If an employee is hit by a hit and run driver while in his vehicle on company business, does the employee’s auto insurer or the employer’s liability insurer cover damage to the vehicle?

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If an employee is hit by a hit and run driver while in his vehicle on company business, does the employee’s auto insurer or the employer’s liability insurer cover damage to the vehicle?

Asked on January 5, 2012 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The employer's insurance would not cover in such a case, where the employee is hit while driving his own vehicle on company business. The employer is not the insurer or guarantor of the employee; the fact that he or she was on business does not make the company responsible for his or her loss, except in cases where the company was somehow negligent or otherwise at fault in causing the accident. (For example: the  accident occured in the employer's parking lot because the employer did not clean up some sort of slick spill--e.g. an oil spill--of which it was aware.)


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