Legal Question in Personal Injury in Washington
respondeat superior/vicarious liability
I was working for a family as a
nanny and while driving their car to
pick up the kids from school (as I
was required to do for my job), I
backed into a car causing about
$1,000 of damage. I have since
stopped working for them and they
are threatening to sue me for the
cost of the damages.
Upon hiring they never asked for
proof of insurance (I didn't own a car
and so didn't have any) and I
assumed I would be covered by
theirs. I don't make a lot of money
and am pretty sure that they are
liable under Respondeat Superior
and/or Vicarious Liability, but just
wanted to make sure this was true
before I refuse to just hand over
$1,000.
2 Answers from Attorneys
Re: respondeat superior/vicarious liability
I think that you are correct that your ex-employers are responsible for your act in this situation.
Assuming your employers had insurance, you would almost certainly be covered as a permitted driver.
However, you could still be responsible as well. Assuming their insurer paid for the damage, this really shouldn't be an issue.
If the ex-employers continue to threaten you, you might contact the Department of Labor and Industries regarding their rights and yours.
This program will not allow me to provide the L&I phone, sorry.
Bob
Re: respondeat superior/vicarious liability
You should never have driven a car without insurance. However, it may be possible that their insurance will pay.
You're lucky it was only $1,000. It could have been $100,000 if someone was injured.
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