Employee Property Damages Compensation?(Help Please!)

[Mojo]

I'm looking for some help in regards to a car accident my friend was involved in. I guess I'll begin by describing the accident.

Said friend came to a stop sign, looked both ways (they were both clear, although there was a hill on his right side), and then proceeded into the intersection. He was going slowly because the roads were covered in ice as it's been snowing almost every day in SLC for the last week or so. As he was doing this, another car breached the cusp of the hill and was heading down towards him. My friend took notice and tried to clear the intersection as quickly as he could, but the roads were icy and his tires couldn't get enough traction (he was just peeling out). The other driver also tried to take evasive action and stop, but ended up sliding down the hill when he applied his brakes. Needless to say, there was a collision.

My friend was the one who received the citation, although even the other driver agreed that it didn't really seem like he was at fault. Said friend has liability only insurance, so it's unlikely that he will receive anything aid from the insurance company.

It would normally seem somewhat hopeless to me at this point, although there is a catch. The only reason he was at this intersection in the first place was because he was asked by his employers to run an errand for them. He was on the clock (they extended his normal hours to do this) retrieving some gift cards the manager wanted for a party their restaurant was throwing for some customers.

Now then, I'm not incredibly familiar with the laws regarding all of this, but I'm certain there is a chance the restaurant would be liable for the damages to his car. I know that most school distracts (at least where I live) won't allow high school students to run errands for the faculty for this very reason. I'm hoping that someone who reads this can provide some insight and point me in the right direction, because honestly I don't even know who to talk to at this point.

Either way, thanks for anything you can contribute and Happy Holidays.

[Sonomaa]

get a lawyer, it wasnt his fault, quite obviously, the cop was in the wrong

[EdgeMoragan]

In the states I've been in, yes your employer is liable if you are on the clock period. For example at my work they specifically do not want you to ever leave the parking lot if you're still on the clock. They'd rather you take double lunches and stuff if you have your own errand, and they also provide a work car for even small errands to other facilities.

[Melchiah]

I don't know about who is liable, however I will tell you this. If your friend's insurance company finds out he was using his personal vehicle for company business, and he does not have the appropriate rider on his insurance policy, they will not cover the damages.

As for receiving the citation, many times the accident report gets thrown out the window once the insurance companies put the gloves on in the courtroom. If the accident happened the way your friend described it, then the other driver is at fault and this will come out in court. Speed limits are considered to be the maximum allowable speed by law assuming perfect roadway and weather conditions. This means that a police officer is well within his rights to ticket a driver driving 50 in a 50 when the road is a sheet of ice.

[Kurp]

Your friend's liability and the employers insurance should pay for the other car. He's likely on the hook for his own damages though, unless his employer purchased insurance for employee's vehicles or has some extra Christmas spirt.

[Mojo]

Thanks for all of the replies so far. The other driver is insured up to $100,000 on his vehicle, so it's not really an issue of him having to pay for their damages, mostly it's worrying about his own.

Contacting a layer looks like the best thing to do at this point, which was definitely part of the overall plan to begin with. Does anyone know if there are layers that specialize in these situations?

[Tyche]

The accident itself, I would assume would be no fault. How did your friend get a citation? Do you mean the officer called it his fault or did he actually write him a citation for an offense? That just sounds strange. Whether it was your friend's fault or no fault, he's screwed either way with liability insurance. His employer is his only hope. As far as attorney's go, you can open the yellow pages and find 500 accident lawyers. Best bet is to ask some friends and family if they've had experience with any of them.

[Mojo]

Well, in regards to the insurance company, there could be some merit to pursuing even a no fault. He might not get the usual insurance hike that follows an accident, I suppose, although I don't know exactly how they look at that. Someone else pointed it out, but there is also a chance that the other driver could be found liable (failure to let an intersection clear or reckless driving because of the weather conditions.) In that case, he could be compensated, although I don't know how likely either of those scenarios are.

Again, I'm mostly looking for some direction in regards to pursuing a damage claim from his employer.

[Tyche]

Someone else pointed it out, but there is also a chance that the other driver could be found liable (failure to let an intersection clear or reckless driving because of the weather conditions.)

Unless you change the story, that will be an incredibly tough sell. You said the other driver attempted to stop, but couldn't because of the ice. Coming down from atop a hill certainly didn't help. He could have been going 15 mph and still slid down an icey hill.

[Izzy]

If your friend's insurance company is worth a damn, they'll pin some liability on the other driver.

If that fails, like always....LAWYER UP!

[Dimmauk]

I'd get a lawyer. If you do ask the employeer to help pay for the damages, then be prepared for a drug screen.

[Zigma]

I'm looking for some help in regards to a car accident my friend was involved in. I guess I'll begin by describing the accident.

Said friend came to a stop sign, looked both ways (they were both clear, although there was a hill on his right side), and then proceeded into the intersection. He was going slowly because the roads were covered in ice as it's been snowing almost every day in SLC for the last week or so. As he was doing this, another car breached the cusp of the hill and was heading down towards him. My friend took notice and tried to clear the intersection as quickly as he could, but the roads were icy and his tires couldn't get enough traction (he was just peeling out). The other driver also tried to take evasive action and stop, but ended up sliding down the hill when he applied his brakes. Needless to say, there was a collision.

My friend was the one who received the citation, although even the other driver agreed that it didn't really seem like he was at fault. Said friend has liability only insurance, so it's unlikely that he will receive anything aid from the insurance company.

It would normally seem somewhat hopeless to me at this point, although there is a catch. The only reason he was at this intersection in the first place was because he was asked by his employers to run an errand for them. He was on the clock (they extended his normal hours to do this) retrieving some gift cards the manager wanted for a party their restaurant was throwing for some customers.

Now then, I'm not incredibly familiar with the laws regarding all of this, but I'm certain there is a chance the restaurant would be liable for the damages to his car. I know that most school distracts (at least where I live) won't allow high school students to run errands for the faculty for this very reason. I'm hoping that someone who reads this can provide some insight and point me in the right direction, because honestly I don't even know who to talk to at this point.

Either way, thanks for anything you can contribute and Happy Holidays.

you don't have to get a lawyer...This is why you pay insurance. Just because you have liability doesn't mean they won't represent you. They have lawyers and thats what you pay for. Liability is just in the event you get into an accident, you won't be covered for anything on your end (vehicle damage etc)

Did he call the police and file a police report at the scene? If the other driver says its his fault, then file a third party claim with his insurance company (it will be on the report) and in the event that he admits its his fault, they will cover damages 100% for your friend. Since there was a stop sign on his end however, they WILL try to stick you with that. This is when you need to get in contact with your insurance company however, they go by whatever is said in the police report...

In other words, if the other driver says its his fault, his insurance company will cover it 100%.