If a driver’s insurance is too low, can you sue their employer?

On Behalf of | Jul 8, 2022 | Car Accidents

When you’re driving on the highway, one of the things you expect is that people will stay within the speed limit and also help minimize the risk of crashing. You hope that they will pay attention and not merge too closely to you, since this could result in a near miss or rear-end collision.

Unfortunately, not everyone is as cautious as they should be. It’s possible that you could end up in a serious crash and be badly hurt by a driver who wasn’t paying attention or who was traveling too quickly for the conditions. When that happens, you have a right to make a claim against them.

What if the other driver was underinsured?

Once you make a claim, you may find out that the other driver is underinsured compared to the compensation that you need to get from them. That’s problematic, because you could end up having to sue them directly and may not be able to get all the compensation you need to cover your medical bills or other needs.

There is an alternative way to seek funds in some cases, though. If the other person was in a company vehicle or driving while on the clock, you may be able to file a claim against their employer. The reason you can do this is because of vicarious liability, which states that the employer could be held responsible for their employees’ actions while they’re on the clock or using company property. It’s possible that you could hold them responsible even if the employee wasn’t working at the time if you can show that the employee was still representing the business.

Holding two parties responsible can improve the outcome of your claim

The nice thing about being able to pursue a claim against two parties is that there is a greater opportunity to collect fair compensation. You may be able to maximize the compensation you receive for your personal injury claim if you decide to pursue a claim against the at-fault driver as well as their employer if you and your attorney find that the employer may also be vicariously liable.


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