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socrateaser
socrateaser, Attorney
Category: Personal Injury Law
Satisfied Customers: 37972
Experience:  Retired (mostly)
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I'm just reading the answers to a similar problem we have.

Customer Question

I'm just reading the answers to a similar problem we have. My child's nanny had a car accident yesterday. Probably her fault. Her car is written off and two other cars were involved. She has good insurance coverage but the insurance company were asking her a strong of questions about the nature of her employment. Somehow when we set up her payroll we didn't get Worman's Comp. So I'm wondering what exposure we might have.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  socrateaser replied 1 year ago.

Hello,

Workers compensation insurance covers the employee's injuries. It does not cover the employee's liability for causing injuries to a third party. If your nanny was driving "within the scope of employment," such as by taking your child to or from some activity, then you could be held liable for the other driver's injuries or property damage. The only way to avoid this sort of liability is to have insurance to cover the employee while on the job.

If the nanny was driving to or from your home, either on a meal break, or before or after work, then that's not within the scope of employment, and you are not liable.

Expert:  socrateaser replied 1 year ago.

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