Is my University liable if I am involved in an auto accident while traveling to a mandatory school assignment

Asked almost 2 years ago - San Diego, CA

nocnote1@yahoo.com

Attorney answers (8)

  1. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    16

    Lawyers agree

    Answered . If you were in the course and scope of your employment with the University, or if you were acting in some capacity to help the University, it's possible the University would be on the hook. However, just driving somewhere to conduct studies would not make the University liable.

    Good luck.

  2. Bret A. Schnitzer

    Contributor Level 16

    15

    Lawyers agree

    Answered . If you are a student, probably not. If you are an employee it depends. I trust you are a student? I would need more facts.

    You should consult an attorney in your State at once. This response does not constitute legal advise outside the... more
  3. Mark Carleton Blane

    Pro

    Contributor Level 14

    13

    Lawyers agree

    Answered . No, unless you were working for the University (doing something for their benefit). Then the University may be liable to you under workers' compensation. If you were driving as a student, and you are not at fault, then you would have an at-fault third party (the other driver or drivers) to pursue. If you were at fault, then your insurance would protect you against the other driver or drivers. More facts are needed on the different scenarios above.

    The information contained in this email is legally privileged and confidential information intended solely for the... more
  4. Kevin Coluccio

    Contributor Level 20

    12

    Lawyers agree

    Answered . I would think not.

  5. Gordon Alexander Glenn

    Contributor Level 9

    10

    Lawyers agree

    Answered . Assuming you are just a student, and not an employee, there is no liability for the school unless they were somehow negligent (i.e. breached a duty of care, etc.) and that negligence was a legal cause of the incident. (If you were driving a university owned automobile, then they would be statutorily liable under the California Vehicle Code as the vehicle owner, but I assume you were driving your own vehicle. If you caused the accident, you will need to look to your insurance carrier to defend and indemnify you. Good luck!

  6. David M Blain

    Contributor Level 11

    5

    Lawyers agree

    Answered . As stated by every other attorney who responded before me, unless you were an employee of the university and were injured while acting within the course and scope of that employment, then no the university is not liable.

    This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not... more
  7. Manuel Alzamora Juarez

    Contributor Level 20

    3

    Lawyers agree

    Answered . It depends on wether you are an emplyee or a student. If you are an emplyee you can claim an injury that happened within the course of employment. If you are a student in a mandatory school assignment and you were in a school vehicle then you could potentially have a cause of action. On the other hand if you were driving your own car submit your claim to your insurance company. If it was not your fault you may want to hire a attorney to help you.

    This answer is provided by Manuel A. Juarez, Esq., 'El Abogado Hispano de California, and it is of a general... more
  8. Scott J. Corwin

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Short answer: No. For further inquires, I would consult with an experienced local car accident attorney to help you understand your rights.

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