Employee Car Accidents - Employer Liability

[Zermelo]

What is the name of your state? 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?
Reply With Quote

 

[seniorjudge]

Okay, let's start at the top:

Why wasn't the person who caused the damage held liable?

 

[Zermelo]

Okay, let's start at the top:

Why wasn't the person who caused the damage held liable?

You mean the person who opened my car door? Well it was my car, and when the police came on the seen they stated that I was liable for the accident. As the owner of the car I was responsible for the passenger's actions.

This was an assumption on my part, but I also assumed that the police was relaying the correct information.

 

[Zigner]

I'll go out on a limb...you are responsible TO THE OTHER PARTY. That doesn't mean you can't recover from your passenger.

 

[Zermelo]

I'll go out on a limb...you are responsible TO THE OTHER PARTY. That doesn't mean you can't recover from your passenger.

This sounds reasonable. I did request the other person to pay for the damages; however, he expressed of his inability to pay the expenses. This is the reason I was wondering if the company could be held at least partially liable since the entire use of my car was solely for a company event which I normally my car use would not have been in use for.

Is there any possibility of the employer being responsible under the doctrine of respondeat superior, since the employee error was within the "scope of employment"?

 

[xylene]

You mean the person who opened my car door? Well it was my car, and when the police came on the seen they stated that I was liable for the accident. As the owner of the car I was responsible for the passenger's actions.

This was an assumption on my part, but I also assumed that the police was relaying the correct information.

The policeman is incorrect and bordering on incompetence with that response.

 

[ecmst12]

The owner of the car IS liable for damages done WITH the car, whether the damage was caused by him, someone he lent his car to, or someone he allowed to ride in the car.

 

[Zigner]

The owner of the car IS liable for damages done WITH the car, whether the damage was caused by him, someone he lent his car to, or someone he allowed to ride in the car.

However, the owner can recover from the person who CAUSED the damage.

 

[ecmst12]

Yes, I agree.

 

[JustAPal00]

So since the employee that was exiting the vehicle could be held responsible for the damages, shouldn't the employer be responsible?

Example: An employee of a grocery store is helping a person take bags to their car, while doing so he scrapes the cart against another car, the grocery store would be responsible for the damage.

In this case the car owner was transporting an on the clock employee to an event as requested by the employer.

 

[Zermelo]

Thanks for the replies guys. But the reality of the situation is that trying to recover the money from the employee will be more difficult since he probably can't afford it, and it probably would take him quite some time to repay it. If this is the last resort I guess I'll have to try it.

But my greater interest is whether the employer has liability here. Is there any law on this? The event was completely done within the scope as an employee capacity. Evidently, if this is possible, it would be more advantageous to try to recover the money, even part, from the company than an individual.

Thanks for the help

 

[Zermelo]

I found this article on the web which discusses Employer Liability for employee car accidents:

http://www.jacksonlewis.com/legalupdates/article.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?

 

[ecmst12]

No more then we could before. Best you're going to get without a personal legal consultation is 'maybe'.