Who is liable for damage to employer's vehicle?

Asked 11 months ago - Sierra City, CA

My boyfriend was using his employer's vehicle when the parking gear failed and rolled away causing damage to it. We offered to pay the deductible but they are now saying that the truck was a non op and not insured. They are wanting us to pay for the whole repair. We also found out that the employer knew the parking brake was faulty. Are we responsible?

Attorney answers (6)

  1. Alan Ray Barnes

    Contributor Level 18

    10

    Lawyers agree

    Answered . There are good arguments to be made here, but the best place to start is with your boyfriend's auto insurance company. Although there are exceptions to coverage that *may* be applicable here depending on the facts, he's generally insured by his own carrier when driving a borrowed vehicle.

    If the insurance company determines that coverage applies, they will deal with the liability issues. Which means that you won't have to.

  2. Harry Edward Hudson Jr

    Contributor Level 20

    6

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . You may or may not be responsible for some of the damages to something. Your post is open to interpretation as to who or what was damaged by the employer's vehicle, including the vehicle itself.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  3. Robert Bruce Kopelson

    Contributor Level 20

    6

    Lawyers agree

    Answered . If you can prove what you say, he shouldn't be liable. Practically, does your BF want to keep his job?

  4. Daniel Nelson Deasy

    Contributor Level 20

    6

    Lawyers agree

    Answered . This is a difficult decision. Try to work out an agreement with the employer. If you don't, they may not be the employer much longer.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  5. Manuel Alzamora Juarez

    Contributor Level 20

    1

    Lawyer agrees

    Answered . TRICKY CASE. EMPLOYER KNEW CAR WAS NON-OPERATIONAL AND NOT INSURED. YET ALLOWED EMPLOYEE TO DRIVE IT. I SEE NEGLIGENT ENTRUSTMENT. EMPLOYEE DROVE CAR THAT WAS NOT IN GOOD WORKING ORDER. IF EMPLOYEES KNEW OR HAD REASON TO KNOW, I SEE EMPLOYEE WAS ALSO NEGLIGENT. IF NO NOTICE, THEN EMPLOYEE MAY TENDER TO HIS OWN INSURANCE COMPANY. BEST OF LUCK.

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

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . He can report it to his insurance and employer's insurance to sort out

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,209 answers this week

3,129 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,209 answers this week

3,129 attorneys answering