Chula Vista, CA asked in Employment Law, Workers' Compensation and Car Accidents for California

Q: Car accident during work while driving the company's vehicle.

I got into a car accident while on the clock as I work in a mobile job. I was T-boned and they're still trying to determine who was at fault. The car I was driving was totaled. I was driving what I was told is "a company vehicle" at the moment the police report is still pending. Yesterday my employer called me and wanted to speak with me about the accident and my employer passed the phone with the owner of the vehicle I was driving. He asked me questions and after a conversation he then proceeded to ask me if I could please lie and inform the insurance that I was "Borrowing" the car as mines is "not working" I am worried now that they're going to try and pin it on me and say I'm the liability or have my personal insurance involved when I get I was the driver when the incident happened but aren't employers supposed to cover they're company vehicles? I am also worried about the risks of loosing my job because of the accident or not agreeing to what they are telling me to state.

4 Lawyer Answers
William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Giving false information to the insurance company is insurance fraud and is a crime. Tell the truth. Losing your job is not as bad as being charged with a crime. You have a claim for workers compensation benefits for your injuries on the job. You have a claim for personal injuries against the person who ran into you.

If you "borrowed" a car and were at fault, the owner's insurance would still apply to defend you. Your insurance would only be secondary. If the other driver was at fault, but uninsured, the insurance for the owner of the car that you "borrowed" would still be primary for any repair to the owner's car. Basically, I don't know where your employer is going with this lie.

Finally, if you get fired for refusing to commit insurance fraud, you may have rights against your employer.

Gerald Barry Dorfman agrees with this answer

1 user found this answer helpful

Alexander Bakhache Perez
Alexander Bakhache Perez
Answered
  • Personal Injury Lawyer
  • Fullerton, CA
  • Licensed in California

A: You should be covered by Work Comp regardless of fault while on the job and you may have a PI case based on fault of other driver. You should tell the truth, never lie for someone asking you to lie, the fact that you fear loosing you job for not lying if you should get fired for this issue you might be another case for wrongful termination.

Tell the truth is the best advice. Contact an attorney to help you with all these issues you can call if to help if you like.

1 user found this answer helpful

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: Of course you CANNOT LIE. It sounds like this employer failed to buy workers compensation insurance and will pay a lot of penalties to the state when the state learns there is no coverage. YOU DO NOT want to say you 'borrowed' a company car for personal business, your personal auto insurance rates will triple for years. AND it is NOT THE TRUTH.

JUST STICK TO THE TRUTH: you were driving in the COURSE OF EMPLOYMENT and the incident AROSE OUT of EMPLOYMENT. If this employer has no insurance, you will be coverage by the Unemployed Insurance Fund (the UEF provides work comp benefits for workers who's boss failed to buy comp insurance).

AND if you are working for a group where bosses ask you to lie to government officials (the police and DMV) and insurance companies (committing insurance fraud), YOU NEED TO FIND A NEW JOB.

1 user found this answer helpful

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Contact a member of CAOC because 1) you may have an injury claim 2) you want to protect your rights to workers comp 3)they give free consultations.

1 user found this answer helpful

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