If an employee is backing out and hits a pole in their employers vehicle (which is not insured) who pays?
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If an employee is backing out and hits a pole in their employers vehicle (which is not insured) who pays?
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This is a house cleaning business and the employer gave the employee the vehicle (with the business name/numbers in several location) so they could cover more ground. Since the accident the employee has quit and now the empoyer want's $750.00 for the damages to the front passenger door. The employer did not have any kind of insurance on it and it was not registered. The reverse light and blinkers did not work as well.
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hsueh010
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If the employer car was being used for business purposes, it's the business' responsibilty to ensure the car is insured and if any damages occur while the car was being used for company purposes it is the liability of the employer. I don't believe the employer can do much against the employee. |
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MAS
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I have been there and done that. The employer pays because they were the ones who suggested that the employee that the vehicle. It is not the employee's fault that the vehicle was not insured.It is mandatory to have insurance so it is the employer's lose not the employee. If it continued I would take them to court. I backed my bosses truck into a tree but beacuse he was the one who told me to drive it he had to be the one to fix it. The employee really doesn't owe the employer anything. |
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CowboyBill
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Let's just call this 'stupid tax' and pay it. |
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Mike Hunt
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They should have insured it. It is not the employee's responsibility. Same thing if you had just borrowed someone's car... If they are not insured, they should make VERY certain whoever driving it is insured. |
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rockydriver22
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tell the employee not to pay a dime. The van should have been registered and insured and if the owner let it be drove for business use without it then they could be in deep trouble |
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c2t
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I agree that it's the employer's responsibility. It's his auto and he asked you to drive it. He should of had it insured. It isn't like you are a friend and you borrowed the vehicle knowing that it wasn't insured. He employed you and he asked you to do the job. Don't let him scare you with any letters and threats. You are in the right and you know that. But, you do need to take some sort of action like communicating with him that if he doesn't stop harrassing you with the bill, you're going to take it to court or report him to the DMV or other government agency. If he is smart he will back off. If he is stupid, he will waste time to go to court and have to pay for all the court costs and damages. Know your rights and know who to talk to. There is free legal advice by phone or appointment. Check it out on the net or yellow pages for the one nearest you. |
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shepardman1
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There is a law that requires you to check the vehicle you are about to drive,you must make sure there is insurance,and if there isnt any,let the boss know and tell them your not driving that car.If you drive that car knowing there isnt insurance,and you get in an accident,then the driver must pay for damages. |
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nido_tr3s
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An employer may NOT make a deduction for any reason in an overtime workweek. In a non-overtime workweek, an employer may only deduct the difference between the worker's hourly rate and the applicable minimum wage rate (Fed. minimum wage is $5.15/hour, but some states have higher minimum wages). If your employer tries to make you pay for this damage, file a complaint with the Wage & Hour Division, U.S. Dept. of Labor. |
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