Table of Contents
- Are Companies in New York Liable for Car Accidents Caused by Their Employees?
- If the Employer Is Not Liable, Can You Sue the Employee for Causing the Accident?
- What Compensation Can Injured Drivers Pursue After an Accident with a Company Car in New York?
- How Long Do You Have to Sue an Employer or Employee After a Car Accident in New York?
- Contact the Car Accident Lawyers at Lever & Ecker
Are Companies in New York Liable for Car Accidents Caused by Their Employees?
If they were driving a company vehicle, typically yes. New York Vehicle and Traffic Law § 388, sometimes known as the vicarious liability clause, states that vehicle owners are liable for injuries caused by the negligence of drivers with implied or express permission to use the vehicle. This law applies to business owners when their employees cause accidents while using company vehicles, meaning you could pursue damages from the employer of the driver who hit you, even if the company was not directly involved in the accident.
If the Employer Is Not Liable, Can You Sue the Employee for Causing the Accident?
The “vicarious liability clause” applies whenever a vehicle owner gives another person permission (either implied or express) to use their vehicle. In most cases, an employee’s operation of a company vehicle is sufficient to show the company’s consent. However, if an employer successfully rebuts that presumption and proves the employee’s use was unauthorized, thereby avoiding liability for the company, you may be limited to suing only the employee individually.
New York is a no-fault insurance state, meaning that after a car accident, both drivers must exhaust available personal injury protection (PIP) insurance, regardless of whose fault the accident was. However, you can file a fault-based auto liability claim or car accident lawsuit in New York if you suffered a qualifying “serious injury” as defined under New York’s Insurance Law.
What Compensation Can Injured Drivers Pursue After an Accident with a Company Car in New York?
In New York, businesses almost always maintain liability insurance policies to pay for accidents that involve their employees. These policies may not cover all workers hired by the company—for example, contractors may not be covered. A car accident lawyer can help you determine if the employee who caused the accident is covered by their employer’s insurance policy. If you cannot settle your case with the defendants and you were seriously injured, you can pursue a car accident lawsuit against both the employer and employee.
How Long Do You Have to Sue an Employer or Employee After a Car Accident in New York?
The New York personal injury statute of limitations is normally three years, meaning you have three years from the date of the accident to file a lawsuit against the at-fault party—in this case, the employer, the employee who was driving the company vehicle that hit you, or both. There are some exceptions, including in cases involving wrongful death, government defendants, or plaintiffs who are minors or mentally disabled. Importantly, the deadlines can be far shorter than three years in some of these circumstances. An attorney can help you determine the statute of limitations for your specific case and ensure that you file on time.
Contact the Car Accident Lawyers at Lever & Ecker
At Lever & Ecker, our award-winning New York car accident attorneys have over 70 years of combined experience handling complex injury cases, and we can determine who the liable parties are after an accident involving a company car. With a 99 percent case success rate, we offer 24/7 availability, legal document reviews, thorough case investigations, insurance claim negotiations, and top-tier representation in court.
With offices in White Plains, the Bronx, and Queens, Lever & Ecker assists injured clients throughout New York State, including all five boroughs of New York City, all of Westchester County, and the surrounding counties. We make home and hospital visits, so if you can’t come to us, we’ll come to you.
Insurance companies don’t play fair, but we’re here to level the playing field. Schedule a free consultation with our New York car accident attorneys today by calling (914) 288-9191 or filling out our online contact form.
