Oakland, CA asked in Car Accidents for California

Q: Are there situations where a company's insurance will not cover an employee driver in a company car post accident?

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

A: One can always conceive of a circumstance in which an insurer may deny coverage. That imagined circumstance may have nothing to do with what is actually happening to you. Even if the employer's insurer refuses to defend or indemnify you, the employer still has an obligation under Labor Code section 2802, the employer has a duty to indemnify you for expenses you incur on account of your employment.

Tim Akpinar agrees with this answer

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

A: Yes, there are several situations under California law where a company's insurance may not cover an employee driver in a company car after an accident. Some common examples include:

1. Driving under the influence: If the employee was driving while under the influence of alcohol or drugs at the time of the accident, the company's insurance might deny coverage.

2. Unauthorized use: If the employee was using the company car without permission or outside the scope of their employment, the insurance may not cover the accident.

3. Intentional acts: If the employee intentionally caused the accident or engaged in criminal behavior, the company's insurance would likely not provide coverage.

4. Excluded drivers: If the employee is not listed as an authorized driver on the company's insurance policy, they may not be covered in the event of an accident.

5. Policy violations: If the employee violated specific terms or conditions of the company's insurance policy, such as failing to maintain a valid driver's license or not reporting the accident promptly, coverage may be denied.

6. Personal use: If the employee was using the company car for personal reasons unrelated to their job at the time of the accident, the company's insurance might not apply, and the employee's personal auto insurance would need to be used.

7. Insufficient coverage: If the damages from the accident exceed the limits of the company's insurance policy, the employee may be personally liable for the excess amount.

It's important for both employers and employees to understand the terms and limitations of the company's auto insurance policy to ensure proper coverage and minimize potential liability.

Tim Akpinar agrees with this answer

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

A: yes..........

if you are talking about the accident described rather than future coverage,

1. no CDL

2. not insured driver

3. improper use

4. DUI

5. intentional acts etc

of course the ins co may cancel or only sell insurance if the at fault driver is not allowed to use the car.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: Alcohol or other impairment is a major one. So are intentional acts. Good luck

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