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Do I have to pay for accident while working in California?

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  • Do I have to pay for accident while working in California?

    I backed into another car while driving my employers vehicle, during working hours my employer got a bill from the other party, my employer says that since this was my fault I should hace to pay this, am I required to pay this? What can he do if I refuse to pay this?

  • #2
    Well, the employer cannot deduct it from your pay without your written authorization. And even then, the deduction would be questionable, because it would not be for your benefit.
    http://www.dir.ca.gov/dlse/FAQ_Deductions.htm

    Having said that, I suppose they could bring a civil suit, but it is unlikely they would prevail. After all, that is what insurance is for; certainly the employer's vehicle is insured.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Cal. Labor Code 2802 reads:
      (a) An employer shall indemnify his or her employee for all
      necessary expenditures or losses incurred by the employee in direct
      consequence of the discharge of his or her duties, or of his or her
      obedience to the directions of the employer, even though unlawful,
      unless the employee, at the time of obeying the directions, believed
      them to be unlawful.
      Thus, in the case of an employee using an employers car, it would depend on whether the accident was a "consequence of the discharge of this or her duties." That is, if you were on your employers business, then the employer assumes the liability for all actions. If you were using your employer’s car during business hours to buy your personal groceries, then the employer would not indemnify you and you would be stuck with the liability (or your insurance company).
      Michael Tracy
      Attorney
      http://www.laborlawradio.com

      Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

      Comment


      • #4
        Thanks for the cite Michael. I just assumed that employee was using the employer's vehicle for business purposes.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment

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