What to do if I had an accident while working at my old job and my former employer won’t pay for it?

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What to do if I had an accident while working at my old job and my former employer won’t pay for it?

I was a truck driver for a transport company in 2009. I was involved in an accident and the other guy has sued me and the company. I no longer work for that company. I informed itafter receiving the sue letter. It also received one but it didn’t do anything about it. So would I have to pay for that law suit if my former employer refused to pay it?  Now Ineed to know what they can do to me. Can they revoke my licence? Wouldn’t it be company’s responsibility to pay for it?

Asked on April 1, 2011 under Accident Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, it is NOT the company's responsibility to defend you, reimburse you, or otherwise pay any damages. As the driver in the accident you may be sued; the company may be sued also if the accident occured in the course of your employment, but the fact that the company may be sued does not absolve you of, or protect you for, possible liability--it merely gives the plaintiff (the one suing) an additional target, and an additional potential source of recovery. If you had an agreement with your employer that they had to indemnify you, that would be different; but without such an agreement, if you were at fault in the accident, the company does not have any obligation to you, and the effect on you is the same as if you were sued for an accident you caused on your own time or for your own business.


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