What is my husband’s employer’s liability if he was involved in fender bender while driving a company vehicle?
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What is my husband’s employer’s liability if he was involved in fender bender while driving a company vehicle?
My husband was stopped at a light on the on ramp of freeway and bumped the car in frot of him leaving very little damage. It is believed that his employer did not have insurance coverage on the company vehicle. Long story short, it’s now 2 years later and because his employer has ignored the situation, my husband received summons papers and are now being sued. She had us under the impression she was taking care of everything. Isnt it his employers responsibility to take care of what happened? And what happens now because of his employer not having insurance coverage? Who’s responsible?
Asked on June 2, 2012 under Accident Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, it is not your husband's employer responsibility to take care or pay for this accident. The employer *could* be sued by the plaintiff (the injured party who is suing), since they could be liable as your husband's employer under the theory of "respondeat superior" for an accident which occurs during the course of employment and/or in a company vehicle; however, the plaintiff may also sue your husband, either in addition to or instead of his employer, as the at-fault driver. (Generally, the rear driver in a rear-end collision is considered to be at fault.) An at-fault driver--one who was neligent, or careless--can always be held liable, regardless of who the employer and/or owner the vehicle is; he is potentially liable based on his own fault.
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