If I work for a company as an elderly companion caregiver and one of my duties is to drive the client to stores or doctors appointments, what is my liability?

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If I work for a company as an elderly companion caregiver and one of my duties is to drive the client to stores or doctors appointments, what is my liability?

Can I be sued if I have a car accident? An indemnity argreement was signed by the client’s daughter, who has power of attorney. The agreement says the client and heirs can’t sue.

Asked on April 25, 2012 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are at fault--that is, driving carelessly or negligently--you could potentially be sued by anyone whom you injure or whose property you damage; the fact that you are driving as part of your job does not protect you from liability. The agreement signed by the client's daughter may protect you from being sued by the client's family (though you should have an attorney review it, to see how strong, enforceable, and protective it really is), but will not bind any third parties; therefore, if you run into another person, you could clearly be sued by them.


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