Is a employer liable for a car accident if you are on the clock?

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Is a employer liable for a car accident if you are on the clock?

My daughter had a car accident and totaled her vehicle. She works for a catering company and had to drive to an event because her employer did not have enough room in their vehicle for all of the employees, so she had to drive herself and 3 other employees to an event. No one was seriously injured but the car was totaled.

Asked on May 14, 2012 under Accident Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

An employer is not its employees' insurer--it is not responsible for their injuries or property damage simply because they were working at the time. To hold the employer liable, your daughter would have to show that the employer caused the accident in some way. The mere fact that she was driving for her job does not legally establish cause--rather, there must be something the employer did or failed to do which directly caused or led to this specific accident. It is very difficult to imagine what they could be, since she was the driver and was driving her own vehicle.

 


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