My car was used to drive myself and another employee to Orlando for work we were on company time while driving we were in an accident and my car was totaled the other employee was driving my car and I was passenger which my insurance allows other drivers. My employer pays the mileage on my car for the use while driving to Orlando. My employer says he is not liable for the coverage being my car was totaled in the accident because he pays the mileage while we drive during company time. Is this true?
I am not sure what your question is. You say you have insurance. If so, your insurance coverage will be in play as insurance follows the car. You have not indicated fault or injury so I assume your question pertains to property damage only.
There are a lot of "it depends" in any answer. Your employer's insurance policy may cover the damage to your car, and it may not. It depends on what that policy says. If you mean, is your employer responsible for the property damage you incurred merely because you were on the clock? Likely not. If the driver of your car was at fault for causing the accident, then his or her insurance may cover it. Your best bet is to report it to your car insurance carrier and make the claim through them, and then let the insurance companies fight it out among themselves. If you do not have comprehensive/collision coverage, then you may not have any other choice. If you were injured, and you are asking of your employer is responsible for medical bills, you need to make a claim for workers compensation. Any other coverage, like medical payments coverage, through your employer's insurance would depend on the language of the policy. If he has an insurance policy. Number one, if you are hurt, get treatment. Number two, report it to your insurance carrier. After that, it depends.
No attorney-client relationship is intended by this answer.
This is a complex question with no easy answers. There are potentially multiple insurance polices at play (your's, driver's, employer's and driver of the other car involved in the accident). Also, there are potential work comp issues. You should definitely seek the advice of an experience personal injury lawyer to help navigate you through this complex situation.
Not sure what you mean as your question is confusing. I you have "insurance that allows other drivers" what coverage are you expecting your employer to provide for you? If you are suggesting that the employer must pay for your car damage, if it was caused by a co-worker you opted to let drive your car, simply because you are on company time for travel purposes, I suspect you will have a GREAT deal of difficulty in that aspect absent some significant facts that would hold the employer liable at a substantially greater level than yourself.
You do not state whose fault the collision was. If it was the employee driver, he as well as your employer's company are liable for the damages caused to your vehicle. You can file your claim against the coworker and your employer if the coworker was negligent. If your coworker was not negligent, your employer would not be liable. Your employer does not become a collision damage insurer of your vehicle simply because you are driving it on company time. If another party caused the collision, that party is liable, not the coworker or employer.
You should report the incident to your carrier in any event. If you have been injured, you have a workers compensation claim as well as a third-party claim against any negligent drivers involved in the incident.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
If you are injured you need to seek treatment within 14 days to ensure that you do not lose your Personal Injury Protection (PIP) no-fault benefits in Florida. As far as recovering for the property damage sustained by your vehicle, contact your insurance company and let them handle the claim. Coverage issues can be difficult to navigate. Again, if you've suffered any type of injury, be sure to seek treatment immediately and speak with a personal injury attorney who can determine the best course of action for pursuing your claim.
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