Legal Question in Personal Injury in Oregon

am i responsible to pay ?

I worked for kraft foods inc as a sales personand drove a company car while on the job i rear end a car on the interstate and now i am being sued . my name and kraft foods are on the summons the car was insured through the company am i responsible for paying any judgment against me ?


Asked on 12/04/05, 2:09 pm

1 Answer from Attorneys

Sam Hochberg Sam Hochberg & Associates

Re: am i responsible to pay ?

THIS is the type of question where the answer, as to what the law SAYS, will likely be very different from HOW it will actually OPERATE.

The short answer for you is yes, you COULD be responsible to pay, but as a practical matter, your ins. company (for the company car, not your personal ins) will almost surely deal with it. Since it's a corporate policy, it's bound to be HIGH policy limits. So, in other words, whatever judgment may be obtained against you and the company, would probably have to be paid by the insurer for the employer. UNLESS, that is, he quit paying for his insurance. But, from what you've said, that would seem unlikely. Just be sure you report it to the insurance co. which insures that vehicle you were driving, in case you didn't yet.

Your boss, or more accurately, your company, is responsible for negligent acts which you might commit, IF committed while you are in the ordinary course and scope of your employment. So, if you were en route in a normal work setting, you should be covered. If you were on some side-trip entirely of your OWN doing, then, assuming it's found out, you could lose coverage. EVEN THEN, the courts generally try to come down on the side of there BEING coverage. And, if the boss' insurance DOES PAY, that doesn't make you less liable, but they're the ones with the big insurance policy, so they ought to pay the full amount of the value of the claim, and not come after you to contribute to it. That's just how it works, typically. You SHOULD be fine!

Good luck!

Sam

Good luck,

Sam Hochberg

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Answered on 12/05/05, 4:28 am


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