What shouldI do if I’m being sued for an accident that I had in a company car?
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What shouldI do if I’m being sued for an accident that I had in a company car?
I was in an accident in a company car. Now, 2 years later, the insurance company of the other person calls and says that I owe them 6k because they can’t get a hold of my employer. What should I do? The employer is easily reachable.
Asked on December 22, 2011 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, even if they could get hold of your employer, they *could* sue you and seek recovery from you, if you were at fault in causing the accident (i.e. if you were negligent--drove too fast, went through a stop light or sign, followed someone too closely, texting while driving, etc.). That's because the at-fault driver as well as the owner of the vehicle can be held liable for an accident. If you had a contract or employment agreement or other agreement with your employer, requiring them to indemnify you for any accidents or losses, then you could enforce that contract, and make the employer pay; otherwise, the other insurance company may, at its option, seek compensation from you and/or your employer.
If you are being sued for $6k, you should retain an attorney to defend you in court. It is possible your own auto insurance will pay to defend you and/or pay any judgment against you; check the terms of your policy for their responsibility in the event you are in an accident in a car other than your own.
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