Legal Question in Business Law in Maryland

Corporate Responsibility

If an employee is involved in a car accident using the company car during his or her lunch break, is the company responsible for the accident?


Asked on 10/23/08, 11:51 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Corporate Responsibility

If the accident occurred in MD, the company isn't liable unless the employee was on business at the time of the accident. If s/he was just using the car for their own convenience to get lunch, the company wouldn't be legally responsible under ordinary circumstances. If somehow the employee had been ordered not the use the car because he or she had a bad driving record and the company failed to supervise to make sure that didn't happen, that might create a case against the company under a legal doctrine known as "negligent entrustment", but that probably doesn't apply to your situation.

That doesn't mean that the company's insurance company wouldn't have to provide coverage for the employee--they still might be covered under that policy if the company set it up that way.

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Answered on 10/23/08, 12:33 pm


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