If my part-time nanny damaged my vehicle while taking my kids to Martial Arts, is she responsible for my out-of-pocket expenses due to her negligence?

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If my part-time nanny damaged my vehicle while taking my kids to Martial Arts, is she responsible for my out-of-pocket expenses due to her negligence?

She hit the side of a cement wall and my car was severely damaged. It is rare that she drives my kids. This is an uncommon incident as I was out of town overnight. She had access to her own vehicle but chose to drive mine, which I gave her permission to if she preferred. My insurance will cover the repairs but I still have to pay the deductible and pay for the rental car during the repair time.

Asked on August 14, 2014 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes; if she was negligent, or careless, in hitting a stationary wall (which she very likely was), she would be liable, or financially responsible, for your losses. You may sue her (if she won't voluntarily pay you) for your deductible, rental, and other out-of-pocket losses.


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