What is my legal recourse if my employer is refusing to pay for an accident that I had with a company vehicle while on the job?

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What is my legal recourse if my employer is refusing to pay for an accident that I had with a company vehicle while on the job?

May 10th 2015 I had an accident in Rockaway New Jersey Route 80 West I hit someone from behind damage that trunk but we both drove away unharmed. My boss was supposed to file a claim but never did. The paperwork I had in the vehicle said that the vehicle was insured, however the insurance company just informed me that his policy at that time was lapsed. Now a year later I have a company called AFNI who is handling the claim for Progressive Insurance telling me I am personally liable for $5,400. I am really at a loss here and need professional guidance.

Asked on December 23, 2016 under Accident Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They don't have to pay for an accident where an employee was at fault while driving a company vehicle: the at-fault driver can be held liable for the full cost of the damage he or she causes to other vehicles. If you hit someone from behind, you were almost certainly legally at fault: the law presumes that the rear driver, in an accident like this, is at fault, because he or she was responsible to maintain a safe following distance and speed, to pay attention to the car ahead, and stop in time. When you were at fault in causing an accident, you cannot force others, including your employer, to pay the damages or costs for you.


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