San Francisco, CA asked in Car Accidents and Employment Law for California

Q: If I was driving commercial vehicle for my employer and had a accident now the person who I ran into supena me 5 years l

Later and the employer claims they had no insurance at the time accident who pays the damages

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5 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: The employer is responsible for paying any expense you incur as a result of your negligence while working.

Good luck to you.

Brad S Kane
Brad S Kane
Answered
  • Los Angeles, CA
  • Licensed in California

A: The employer is responsible for any damages that you accidentally cause during the course and scope of your work, whether or not the employer has insurance.

James Otto Heiting
PREMIUM
James Otto Heiting
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: You AND the employer could be liable. This would, of course, require some in depth review and case analysis and is only a generality without more specific information.

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: clearly, the employer is responsible and the other side can go after his/her assets.

if the other party had insurance they would have presented a UM or UIM claim.

depending on the facts, you MAY, have exposure.

James L. Arrasmith
PREMIUM
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Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you were driving a commercial vehicle for your employer and had an accident, your employer may be liable for any damages caused by the accident under the legal principle of vicarious liability. This means that the employer may be held responsible for the actions of its employees while they are acting within the scope of their employment.

However, if your employer claims that they had no insurance at the time of the accident, this may complicate matters. Generally, employers are required to carry liability insurance for their employees who drive commercial vehicles, and failure to do so could result in significant legal and financial consequences.

If your employer did not have insurance at the time of the accident, they may still be liable for any damages caused by the accident. However, it may be more difficult to recover compensation from them, and you may need to seek legal advice to explore your options and protect your rights.

Additionally, if you are being subpoenaed 5 years after the accident, it's important to consult with an attorney to evaluate your legal obligations and options for responding to the subpoena.

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