What is the liability of employer for an employee who is in an auto accident while on the job and who was driving without a license?

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What is the liability of employer for an employee who is in an auto accident while on the job and who was driving without a license?

My business partner’s nephew works for our business and is currently driving

without a license; he lost his license. We are a LLC. My business partner is dismissive of the risk and the seriousness of this issue.

Asked on June 1, 2018 under Employment Labor Law, Georgia

Answers:

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

Answered 3 years ago | Contributor

The employer is liable for the negligence of an employee which occurs during the course and scope of employment.
If the employee is at fault in the accident while on the job, the employer is liable for the property damage (cost of repairs) to the vehicle not at fault in the accident and for the personal injury claims of each occupant of the vehicle not at fault in the accident.
The personal injury claims will include medical bills, pain and suffering (an amount in addition to the medical bills) and wage loss.


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