Who do I file suit against if an employee caused an accident resulting in a personal injury, but they no longer work for the company?

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Who do I file suit against if an employee caused an accident resulting in a personal injury, but they no longer work for the company?

My wife was involved in an accident with a driver who was driving a company delivery/semi tractor trailer on a suspended license. He wasn’t on personal time and the insurance company for the business handled the claim for the vehicle.. I filed a personal injury suit with both the company and the driver. When the paperwork for the suit was being served, the company said that the employee no longer worked there. Who do I file the suit with?

Asked on June 15, 2011 under Personal Injury, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It doesn't matter if th employee no longer works there--if he worked there *when the accident occured,* the company might be liable. It is where he worked at the time of the accident which is critical, not what happened later. So if an employee, driving a company vehicle, hit your wife while he was on the job, then the company could be liable; you should therefore sue the employee and the company both (in the lawsuit, the company will have a chance to present any defenses it thinks are valid). If the company was not a corporation or an LLC, you may be able to sue the owner(s), too. Good luck.


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