Property & Casualty Insurance/Nanny

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Question
If a person allows a nanny (paid employee) to driver their personal auto for errands and the nanny is injured in an accident, how do you properly protect the person? Say if the nanny were to then sue the employer/vehicle provider for injuries?

Answer
Hey Tory,

Thanks for your question.  I've been doing some traveling so I apologize for the response delay.

I'm going to start by telling you that my answer is based on the industry standard policy.  The answer could be different depending upon the company and whether or not they use their own proprietary form.  There is a difference in how some policies will respond.

The standard policy includes permissive users as insureds under the form.  In that case, if the nanny is injured in an accident, the employer's policy would respond with the appropriate coverages: Med pay, uninsured motorist (if it applies) and possibly other coverages if they apply.  

It's doubtful that the nanny would sue the employer unless the employer's vehicle malfunctioned and it could be proved that the employer failed to do proper maintenance on the vehicle.  Usually it will be either the nanny's fault or the fault of the third party.  If it was the nanny's fault, then she would most likely not be able to sue the employer.  If it was the fault of the third party then the nanny could/would sue them.

I hope that helps some.  Let me know if you have additional questions.

Thanks.

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Jay K. Williams, AAI, AIP, CIC, CRM

Expertise

I can answer questions relating to the following coverages: personal auto; homeowners; commercial auto; commercial liability; commercial property; business income and all other property and casualty coverages.

Experience

I have been in the insurance industry in Florida since 1979. I am currently the president of a Florida domestic insurance company subsidiary. I've taught continuing education classes in Florida and across the country. I am quite familiar with all coverages including Florida Condominium master policies and unit owner policies. I also specialize in agent professional liability. I have been a professional educator since 2001.

Organizations
I am a member of the Florida Associaion of Insurance Agents, the state affiliate of the Independent Insurance Agents and Brokers of America.

Education/Credentials
I currently carry the following professional designations: Accredited Advisor in Insurance (AAI) Associate in Insurance Production (AIP) Certified Insurance Counselor (CIC) Certified Risk Manager (CRM)

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