If my daughter was involved in an accident in her own car while running an errand for the store she works at, should she seek compensation from her employer?

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If my daughter was involved in an accident in her own car while running an errand for the store she works at, should she seek compensation from her employer?

Her car has been totaled.

Asked on September 27, 2015 under Accident Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Her employer does not owe her any compensation unless the employer actually caused the damage--e.g. if a truck belonging to the employer hit her car, or a gate at the employer's place of business fell on/closed on the car damaging it or the employer's products in her car burst into fire due to bad design or packaging and caused the damage etc. 
Otherwise, an employer can require employees to use their own vehicles for work but is not responsible if that vehicle is damaged. The employer is not the employee's insurer it is only liable if at fault. Hopefully, your daughter has relevant insurance e.g. collision--that's why people should have collision coverage, so they can recover compensation in situations like this. If she does not, if there was another at-fault driver e.g. another car hit her, she can sue the other driver. But if this was a single car accident without anyone else at fault, there is no one else who would have to pay for the damage.


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