I work for a domestic violence shelter and we have clients who live on our property. A client hit my car and may not have insurance, shouldn’t my employer be responsible for the damages?
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I work for a domestic violence shelter and we have clients who live on our property. A client hit my car and may not have insurance, shouldn’t my employer be responsible for the damages?
Especially, because they are housing the clients. How can I go about getting my
car fixed without having to claim it on my insurance?
Asked on July 26, 2017 under Accident Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
An employer is not responsible for the intentional or negligent acts of others (including their clients) that are not related to the performance of their job duties. In this instance, you can sue the at-fault driver, however if they didn't have insurance they probably couldn't afford to pay for it. Therefore, suing them may result in your being awarded a jugment but you may well have difficulty in collecting on it.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, your employer is not responsible for your damages. Your employer is not your insurer: they do not guaranty payment or compensation for losses occuring during work or on their property. The employer would only be liable if one of their employees, as part of his or job (e.g. driving a client to a meeting or appointment or agency) hit your car. The person who hit your car is liable; you could sue him or her for the damage, assuming he or she has any money or insurance to pay.
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