Auto Accident/On the Job

[dsiebrecht]

California. My daughter was involved in a single car accident (fatigue was listed as reason)while on the job. She was being paid wages and mileage from her job. Workmans Comp is paying for her medical injuries but they deny liabilty for her car. She carried only liabilty insurance on the car. I have copies of all her employment papers she was never informed that her car was not covered by the companies insurance policy and did not sign anything releasing them from being liable. Is there anything we can do?

 

[I AM ALWAYS LIABLE]

My response:

No.

And why would the employer be responsible for her car ?

"Fatigue" is not the employer's fault. It is the fault of the driver. If the fatigue was the proximate cause of the vehicle damage, then that expense falls squarely upon your daughter's shoulders.

Under California law, when a driver assumes responsibility by getting behind the wheel of a vehicle, the driver is the one responsible for the proper, safe and lawful operation of that vehicle.

IAAL