Can I sue my employer for damage

Asked about 1 year ago - Houston, TX

I'm currently working with Olive garden restaurant as a host, my manger asked me to deliver an oder, I used my car to go while I was in the parking lot I had an accident my car is total loss. the police didn't do anything because the accident happened in parking lot. making delivery is not part of my job. can I sue my employer to fix my car or not

Attorney answers (6)

  1. Brian W. Erikson

    Pro

    Contributor Level 18

    11

    Lawyers agree

    Answered . If through your own negligence, your car is totaled, why should your employer pay anything? For you to establish liability on your employer's part, you would have to show that your employer was somehow at fault for the accident. Simply because your employer asked that you use your own car does not obligate your employer to pay for your negligence.

    You need to specify more facts that show that your employer is somehow at fault, aside from simply asking that you use your own car. Your employer would not have signed on to reimburse you for being negligent. Even if the accident was not due to your fault, but another driver's fault, you would have to show that your employer was responsible for the other driver's negligence.

    Good luck.

  2. Manuel Alzamora Juarez

    Contributor Level 20

    11

    Lawyers agree

    Answered . Turn claim to your insurance company. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . Report it to your insurance company to sort out

  4. Gregory S. Baumgartner

    Pro

    Contributor Level 12

    8

    Lawyers agree

    Answered . Turn it into your insurance company!

    This answer is intended to be general in nature and not specific as to any person or fact situation. No attorney-... more
  5. Rengin Jamal Bekhtyar

    Contributor Level 11

    3

    Lawyers agree

    Answered . Unless you signed something stating that you are required to use your own personal vehicle; and that the employer is willing to pay for damages to your car, then your employer is not responsible. More importantly, if your accident was your fault, then I doubt that your employer would agree to pay you for damaged car. This is a matter that needs to be taken up with your inursance company.

    Rengin Bekhtyar's answer to a legal question on Avvo does not establish an attorney-client relationship.
  6. Joshua Abraham Romero

    Contributor Level 2

    3

    Lawyers agree

    Answered . I agree--tender a cliam to your insurance carrier.

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