Dear CDs;
My (ex) employer rented a vehicle in his name and asked me to drive, while he sat on passenger seat. He took no insurance of any kind. As per the rental agreement, no one else, other than him was authorised to drive the vehicle. Suddenly the vehicle started pulling on left side and hit gaurd rail. We found the left front wheel assembly had broken which caused the accident. We both explained the reason to police officer at the accident spot. No Fault accident repport was issued by the police officer after examining the situation.
The (ex) boss had to pay the repair costs (about $ 10,000) to rental company. Now he (ex-boss) is claiming the money from me saying the accident was due to my negligence. Any remedy...
-Ben
Location: British Columbia
Posted on: 01-11-06 10:58:42
You may want to talk to a lawyer about this.
and ask yourself why you were driving a car with NO insurance and that which no one but your boss was allowed to drive?
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~ Morning rain
Quote:
Originally posted by benparsad
Dear CDs;
My (ex) employer rented a vehicle in his name and asked me to drive, while he sat on passenger seat. He took no insurance of any kind. As per the rental agreement, no one else, other than him was authorised to drive the vehicle. Suddenly the vehicle started pulling on left side and hit gaurd rail. We found the left front wheel assembly had broken which caused the accident. We both explained the reason to police officer at the accident spot. No Fault accident repport was issued by the police officer after examining the situation.
The (ex) boss had to pay the repair costs (about $ 10,000) to rental company. Now he (ex-boss) is claiming the money from me saying the accident was due to my negligence. Any remedy...
-Ben
Wasn't this case put in to discussion almost a year or so ago???
Chandresh
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Chandresh
Advice is free – lessons I charge for!!
Yes it was here.
http://www.canadiandesi.com/read.php?TID=13669" target="_blank">http://www.canadiandesi.com/read.php?TID=13669
Chandresh
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Chandresh
Advice is free – lessons I charge for!!
The real issue here is that the boss is the one who entered into a rental agreement with the car rental company and HE is the one who broke the agreement by giving permission (or actually instructing) his employee to drive the car. The boss being a passenger in the car proves he instructed the employee to drive.
The boss broke the agreement by having an unauthorized driver operate the car and by not purchasing their Loss Damage Waiver (which would not be honoured anyway because of the unauthorized driver), therefore, the boss if fully responsible for all damages to the car.
The employee can basically ignore any threatened litigation by the boss because the boss simply does not have a leg to stand on. However, if the boss pushes the point by bringing legal action against the employee and is actually 'served' court papers (not to be confused with a letter from the bosses lawyer demanding payment) then the employee may wish to hire a lawyer.
