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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Okay, ill be specific... colorado, no. I have a simple

Customer Question

hi... okay, ill be specific...
JA: What state are you in? It matters because laws vary by location.
Customer: colorado
JA: Has anything been filed or reported?
Customer: no. I have a simple question about a specific situation
JA: Anything else you want the lawyer to know before I connect you?
Customer: well i haven't asked the question...
Submitted: 9 months ago.
Category: Legal
Expert:  CalAttorney2 replied 9 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 9 months ago.

What is your legal question today?

Customer: replied 9 months ago.
Ok. I wrecked a company car. Single car accident, no injury, no other person involved, no witnesses. It was my fault. My employer threatens me with financial responsibility for the full repair. It's a transportation company with full insurance. What's my obligation, what are my rights?
Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

I am sorry to learn of this situation.

Just confirming - this occurred in Colorado.


Where you driving the vehicle for company business, or personal use?

Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

In Colorado (as in most states) - while the employer is going to be ultimately responsible for any damage or injury due to an accident or collision caused by the operation of one of their company vehicles (or a private vehicle operated in the course of company business), the operator of the vehicle remains personally liable for their own actions (including negligent or intentional operation of the vehicle).

This means that the employer can pursue the employee for compensation for damage to their vehicle if damaged by the employee.

However, the employer cannot withhold earnings from the employee's paycheck.

If the employee denies liability, the employer is forced to pursue negotiations, mediation, or litigation, to get a judgment against the employee (so they must prove negligence, recklessness, or intentional wrongdoing in court and get a civil judgment - the employee has an opportunity to defend this action).

If the employer's insurance carrier is paying these damages as part of the insurance claim - the employer has a greatly reduced incentive to pursue these more aggressive options (why would an employer pursue a trial when they have already been paid by their insurance carrier?).

The measure of damages is limited to the cost of reasonable cost of replacement or repair - usually the amount set by the insurance carrier is a good indicator of what these damages should be. But again, you can contest your liability and decide whether or not you want to agree to pay or force them to prove it in court.