Accident In Company Car?

mrbacchus · #1 07-14-2008, 09:44 PM

Florida

Automotive industry - sales

Backed into a stationary object in a company vehicle (car for sale,) can they charge me for the deductible ($1,600.00) if incident occurred during the course of business during working hours. What is the name of your state (only U.S. law)?

ecmst12 · #2 07-14-2008, 10:14 PM

Yes of course they can. Someone who drives cars for a living should know better then to back into a stationary object.

JustAPal00 · #3 07-14-2008, 10:55 PM

No they can't. I was in several fender benders in company cars, I even totaled a rental. Never cost me a cent. I was always on company business when it happened.

ecmst12 · #4 07-14-2008, 11:19 PM

Just because your company did not make you pay the deductible does not mean that OP's company can't make HIM pay.

mrbacchus · #5 07-15-2008, 03:15 AM

I appreciate the PERSONAL OPINIONS AND CONJECTURE offered in this forum, however, I am in need of LEGAL OPINION BASED ON THE LAWS, STATUTES, AND PRECEDENTS SET FORTH IN THE US AND FLORIDA STATE LEGISLATIVE AND JUDICAL SYSTEMS. THANK YOU!

ecmst12 · #6 07-15-2008, 07:29 AM

To clarify, it is LEGAL for them to require you to pay the deductible, though it is probably NOT legal for them to deduct it directly from your pay without your consent. There are a variety of ways they can get you to pay including firing you and suing you. Once they have a judgement they CAN, I believe, garnish your wages (no matter where you are working) in Florida. Is that better?

Tallrat · #7 07-15-2008, 09:27 AM

Does the company have written policy?

fueledbymusic · #8 07-15-2008, 10:07 PM

Quote:

Originally Posted by ecmst12

Yes of course they can. Someone who drives cars for a living should know better then to back into a stationary object.

No Emerson, The company is responsible if he was using company car while in business. When company hires someone to drive for them, they assume all responsibility. The company cannot make the driver of their car pay. BUT the company can fire the driver if they wanted to.

AND YOU DON'T NEED TO BE RUDE! DON'T YOU HAVE ANYTHING ELSE BETTER TO DO THAN TO SIT AROUND YOUR COMPUTER????

ecmst12 · #9 07-15-2008, 10:14 PM

The company can fire him AND sue him. And if they sue, they will win, since the damage was his fault.

JustAPal00 · #10 07-15-2008, 11:17 PM

Quote:

Originally Posted by ecmst12

The company can fire him AND sue him. And if they sue, they will win, since the damage was his fault.

Sorry, but I have to disagree with you. As long as the OP was acting within his job description and not being reckless, the company would be responsible for the damage. If what you say were true, all companies would carry insurance with really high deductibles since their employees would be paying it. They could save a lot of money that way.

ecmst12 · #11 07-15-2008, 11:47 PM

First of all, he WAS reckless and negligent, else he would not have backed into a stationary object.

But let me put it a different way. He damaged company property. ANY employee who damages ANY company property can be held liable for it. Now if OP had damaged someone ELSE'S property with the company car, the company would be responsible. But that's not the situation here. OP damaged the COMPANY'S car and so is responsible for that damage.

JustAPal00 · #12 07-16-2008, 08:01 PM

WOW! So everybody in America or the world for that matter, that has an accident is driving wrecklessly? I'm sorry, but I believe an employer is responsible for all damages caused by an employee, as long as the employee was doing what he was hired and not acting in a grossly negligent manor! OP I wouldn't worry as long as you weren't goofing off!

ecmst12 · #13 07-16-2008, 09:56 PM

Say your employer gives you a cell phone to use for business. You drop the cell phone in the toilet and ruin it. Your employer can charge you to replace their phone, right? This is no different.

JustAPal00 · #14 07-16-2008, 10:12 PM

You could make the argument that a person shouldn't be talking on a toilet (You go the the rest room durring personal time). But let's just say you are working and knock something over and it breaks. You are not financially responsible. Every time a waiter drops a plate or a worker breaks a tool they could be held responsible. No way, there are employers who would take advantage of employees all over this country. Part of the risk of business is spillage or accidental loss!

ecmst12 · #15 07-16-2008, 10:18 PM

Yes, a waiter who drops a plate COULD be held responsible to replace it, but for the cost of the plate, it's not usually worth the employer bothering. This company's collision deductible us $1600 - that's a lot to ask the company to just absorb for their employee's negligence. It is absolutely LEGAL for them to make the employee pay for what he damaged. You can argue that the company SHOULDN'T charge him for whatever reason...I won't agree with you, but it's a valid opinion. But the law allows them to do so, so long as they don't use illegal payroll deductions to get the money.