What are my rights if I was recently I was in a car accident in a company vehicle?
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What are my rights if I was recently I was in a car accident in a company vehicle?
I fell asleep at the wheel. I helped pay for the cost of the vehicle. I had already put in my 2 weeks notice and have since left the company. About a month later the state sent a bill for property damage to my previous employer. He is trying to force me to pay the full bill or at least the deductible. He has already filed the claim and his insurance paid for the damages. Now he is trying to make me pay him the full cost even though insurance paid for it. Am I responsible for paying him? Is it insurance fraud on his part?
Asked on February 19, 2014 under Accident Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If he's already been paid by insurance, he cannot collect for that portion or amount which was covered by insurance--though he could sue you for the deductible or any other out-of-pocket costs or losses not reimbursed by insurance. (Since, if you fell asleep at the wheel, you would be considered to have been negligent, or careless, and therefore at fault and liable.) Trying to recover money from you which he was already paid by insurance may indeed be fraud. Note that the insurer, however, could recover their payments from you--that is, make you reimburse them--since you were at fault.
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