Expert: Bennie719 - 11/3/2007

Question
Hi,
I was the middle car in a small 3-car accident.  Only the last car was issued a ticket. I was working (person vehicle) at the time.  Should I expect my employer to cover my deductible or the at-fault driver's insurance?  (I am in NYS where there are also no-fault laws)

Answer
Hi Chris,
Your question was very brief, but based on your statement that the third car was cited and considered at fault, you can expect to recover 100% from the at fault driver.
If you deal directly with his company they will pay you for 100% of your damages.
If you decide to have your own company repair your car, you can expect to have to pay your deductible, which will be returned as soon as they collect from the adverse company.
Since you will be recovering 100% either way, your employer will not be involved in any manner.
Even if you had been at fault, you would have no grounds to demand that your employer pay your deductible.  In cases where you are using your personal car for business, your employer becomes co-liable for injuries that you caused because at the time of the accident, you were acting as his 'agent'.  This is the reason that your employer has probably requested to be named as 'additional insured' on your policy, this way your company would also be required to provide attorneys to protect his interest in the injury claim but he still would not be responsible to pay your deductible.
I trust that my answer has been helpful.
Sincerely,
Bennie
San Francisco Bay Area 11-03-07 9:20 PM PST