Employee Car Accidents And Employer Liability

[Zermelo]

My question involves a traffic accident in the State of: New York (Brooklyn)

Is an employer liability for an auto accident caused in the line of work?

While I was driving to a work-related event, I was asked to drive another employee to the event. This employee upon exiting my car opened up the passenger side door without checking traffic. Consequently, the door scraped the fender of a vehicle passing on the passenger side and caused damaged to the passing vehicle's front fender and paint damage to my side door.

Although I was not the one who opened the door, given the nature of the accident, I was at fault so we both agreed to settle the matter and I paid for the damages to his car.

I wanted to know since I was driving due to a work related event is the employer liable in regards to this accident? Am I entitled to be compensated for the damage that I paid to the accident victim?

[Mr. Knowitall]

I don't see a connection between your passenger's negligent act and your employment. But you barely gave us any facts, so I am limited to being very tentative.

If you make an insurance claim with your own insurance company, your insurance company will attempt to subrogate against other at-fault parties. Or you can try to make an insurance claim with your passenger's insurance. Or you can ask your boss if he'll reimburse you.

[Zermelo]

I don't see a connection between your passenger's negligent act and your employment. But you barely gave us any facts, so I am limited to being very tentative.

If you make an insurance claim with your own insurance company, your insurance company will attempt to subrogate against other at-fault parties. Or you can try to make an insurance claim with your passenger's insurance. Or you can ask your boss if he'll reimburse you.

I'm not exactly sure what facts you want. I gave you the facts of the accident. The passenger doesn't have any insurance relative to the accident, and to my knowledge no insurance whatsoever.

The passenger opened the door of my car which damaged the oncoming car, so the only insurance companies involved are mine and the other driver. Obviously the other driver's insurance is going to try to collect from my insurance company. I could personally sue the passenger but that would not be worth the effort for the amount involved.

So my question was since the accident was in the course of performing employment duties was the employer liable or partially liable - I wouldn't have been driving if not for the employer.

[moburkes]

Why are you at fault for your passenger opening the door into the path of another vehicle?

[Zermelo]

Why are you at fault for your passenger opening the door into the path of another vehicle?

I think a few things have to be looked at here. First we have to separate the reality of what occurred from actual liability. Even though I may have a claim
against the passenger, at the time of the accident the driver who's car was damaged was damaged by my vehicle. Since it was my vehicle that damaged his he is going to make a claim against me since I own the vehicle and have insurance to cover damages.

The passenger of the car neither has insurance to cover the damage or the means to pay for the damages to both vehicles. So since the matter was either going to be handled by the insurance companies or between me and the other driver we handled it between ourselves since the damage would not even be covered by the deductibles on both our insurance anyway and we would both end up paying high premiums assuming since NY has a no fault accident law.

I've already explained that while I can sue the passenger in small claims court, this would be time consuming and his ability to pay would be limited regardless. That is why my question asks if there is any employer liability since the accident occurred in the scope of business duties.

I don't think this is a realistically hard situation to understand. The main thing is that the damage was not severe so that going to court or through insurance companies is not worth the time or money, so I was looking at an alternative liability claim against my employer IF IT IS LEGITIMATE which is what I am trying to find out here since this would make the process easier.

[blewis]

I'm not sure about NY law, but I think what you're going for is called "vicarious liability" here in WA. I've seen this doctrine applied in cases where an employee gets drunk at a company function, say, and gets into an accident on the way home. The doctrine holds that the employer IS vicariously liable for such accidents when, "The employee's presence at the function was within the scope of his employment if the function was intended to further the employer's interest and the employee's attendance was requested or expressly or impliedly required by the employer."

Now, does this doctrine apply in your situation -- I don't know. Perhaps one of the attorneys who frequent these forums can offer an opinion.

Barry

[Zermelo]

I'm not sure about NY law, but I think what you're going for is called "vicarious liability" here in WA. I've seen this doctrine applied in cases where an employee gets drunk at a company function, say, and gets into an accident on the way home. The doctrine holds that the employer IS vicariously liable for such accidents when, "The employee's presence at the function was within the scope of his employment if the function was intended to further the employer's interest and the employee's attendance was requested or expressly or impliedly required by the employer."

Now, does this doctrine apply in your situation -- I don't know. Perhaps one of the attorneys who frequent these forums can offer an opinion.

Barry

Thank you, in addition to this, I found this article on the web which discusses Employer Liability for employee car accidents:

http://www.jacksonlewis.com/legalupd...le.cfm?aid=937

Now, this deals with California and I'm in NY but I would appreciate if anyone could tell me if this could also apply in NY law. The relevant part of the article states:

Respondeat Superior Liability Generally

The general rule in California is that employers are liable for employees' mistakes under the theory of "respondeat superior," which means "the superior must answer." This principle helps spread risk among those who are best able to bear it. Because the employer does not actually commit the wrong, the allocation of responsibility to the employer is also known as "vicarious liability."

Employer vicarious liability generally is limited to employee errors which occur within the "scope of employment." For example, if a waiter accidentally spills soup on a customer during a busy lunch shift, the restaurant may be responsible for the customer's injuries caused by the employee's mistake.

Similarly, if a construction worker does not install pipes correctly, the plumbing contractor may be responsible for the damages caused by the sloppy work. The test is whether the risk of injury is incidental to (a normal part of) the business in which the employer is engaged. This standard is broad and encompasses a range of negligent conduct by employees at work.

For instance, employers can be held liable when travel is "incidental" to job duties, such as when the employee is traveling to or from a company event, such as a picnic. If the employer requires employees to use personal vehicles for work, pays the employee for commute time, or the employee travels as part of his or her duties using a personal vehicle, the employer may be held liable for accidents occurring in the vehicle.

Can anyone tell me if this is applicable to my situation in NY?

[lwpat]

You can certainly file a claim with your employer's insurance since it was their employee that caused the damage. I would look for another job first.

[Mr. Knowitall]

Unless and until you provide details to relate this to your employment and, no, the skeletal facts you have provided about the event and the circumstances of the ride don't suffice, nobody can give you any greater insight than you already have. And, as lwpat suggests, you don't have any special job protections if you sue your employer for something like this and they decide they don't want you around any more.

Have you even tried asking your boss for reimbursement?

[Zermelo]

I'm not sure what facts you want to know. How this was related to employment?? I was traveling to a function for the agency I work for, an event. I work for a job training program as a teacher, and this was a student event we were attending (spelling bee), so I was traveling completely at their behest to the event.

I'm not sure what other facts you want. The facts of the accident are stated.

I have asked my employer for compensation, and they are looking into the matter; however, I wanted to know if there is any recourse if they refuse to reimburse.

And of course I know there is a potential for retaliatory reaction on their part; however, that in and of itself does not mean they shouldn't be held liable if they are. Also that doesn't answer my original question as to whether they bear any liability.