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Question
Hi James,

I use my personal vehicle for work.  I manage a portfolio of condominiums.  One of my communities has very angry owners.  Since I too on this particular site, I have had some threats thrown at me.  

In April of this past year, my car got keyed while at a board meeting.  The association covered the expense of the repair.  

In June, it happened again, just after I got the car repaired.  

I know who did it, but I can't prove it.  He's a resident that lives there.  There is history of him doing this to previous board members' cars too.

This time, the association won't pay for the repair.  The new board feels it is my employer's responsibility.  

My employer will not cover this repair.  

I do get $.40 per mile reimbursement for use of my car, and I was parked there to conduct business.

Is my employer responsible for this repair?

Thanks so much in advance for your help!

Nancy in NJ

Answer
Hi Nancy,

Sorry to hear about all the trouble at this site.  I would like to qualify my answer by saying this is a question for an attorney, as you are not asking about insurance coverage so much as you are asking who is responsible.

You mentioned you have an employer.  Are you a true employee, or an independent contractor.  As an independent contractor, you would be responsible for the damage.  As an employee, unless your employment contract (if you have one) states otherwise, when you use your car on behalf of your employer's business, you are responsible for the damage to the car.

Again, please run this by an attorney for confirmation.

James Berliner

Property & Casualty Insurance

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James R. Berliner, CPCU

Expertise

My specialty is personal and busines insurance, relating to the property and casualty field. Homeowners, Auto, Business Auto, Workers Compensation, Business Interruption, Crime, Directors & Officers Liability, Employment Practices Liability, Professional Liability, General Liability, Umbrella Liability, etc.

Experience

I am the owner of my own agency (established 1970), have obtained my CPCU designation, and am licensed in many states.

Organizations
IIABA (Independent Insurance Agents and Brokers of America), CPCU Society, PIACT (Professional Insurance Agents of Connecticut - Board of Directors)

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