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
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.
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
This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation.
Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
This answer is intended to be general in nature and not specific as to any person or fact situation. No attorney-... more
This answer is intended to be general in nature and not specific as to any person or fact situation. No attorney-client relationship exists for those reading this answer and readers should contact an attorney of their choosing for legal advice on their specific situation.
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.