What is my liability if I was driving the company van and scratched it?

UPDATED: Mar 20, 2015

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What is my liability if I was driving the company van and scratched it?

The restaurant has a van that we use to shop for food for the restaurant. After dropping off the food I went to park it but a pole scraped the side of the door and caused deep scratches. The costs are about $1500 and there was no insurance. I told them I didn’t mind paying for some of it but it looks like they are expecting me to pay all of it. Again had used the van strictly for a company errand. What I’m looking for is a legal document that I can print out to show that I’m not liable. I still don’t mind paying for some of it, but I want to remove the thought of expectation from their brains. They handed me a document stating that money would be taken out of my paychecks each pay period until costs were paid in full, amount was not specified so I did not sign.

Asked on March 20, 2015 under Employment Labor Law, Alaska


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your employer, the restaurant, is liable for the accident for the following reasons: (1) The restaurant is the registered owner of the vehicle and (2) An employer is liable for the negligence of an employee which occurs during the course and scope of employment.

The restaurant cannot withhold your pay to pay for the damage to its van.  If that occurs, it would be advisable to speak with an amployment law attorney regarding filing a lawsuit against your employer.

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.

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