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My Nanny Was in an Accident. Can I Be Held Liable?

Posted on September 12, 2022

Your nanny was driving your children to the park when they lost control of the car and hit an oncoming vehicle. Fortunately, the nanny and your children were uninjured. However, the driver in the other car was not so lucky. They suffered injuries that will keep them out of work for months and their car is totaled. You may be wondering what, if any, liability you have in this situation.

Vicarious Liability

If the nanny was found to be either partially or fully at-fault for the accident, you can be held liable under the concept of vicarious liability since they are your employee and they were driving as part of their work duties. This specific type of liability is when an employer is responsible for the negligent actions of their employee. Although there are several types of vicarious liability, in this situation it would occurs when:

  • The accident is during the scope and course of employment.
  • The accident happens while the employee is working.
  • The accident occurs while an employee is running an errand for the employer.

If the nanny was driving your car at the time of the accident and you previously named her on the car insurance, then the insurance would cover her, just as it would cover any other named insured on the policy. This means that they would file a claim for damages against your insurance policy.

If the nanny was driving her own car at the time of the accident and she carried adequate liability coverage to pay for the other driver’s injuries and property damage, then the other driver may settle with her insurance company. However, if she was not adequately insured or not insured for using her car to transport children as part of her job, the injured driver may then file a claim with your insurance company for their damages.

Many families think they are saving money by not adding their nanny to their insurance and instead, relying on the nanny to carry sufficient levels of their own car insurance. As the aforementioned example shows, this is a risky strategy that potentially opens you up to a significant level of liability.

ECanter Lawyers are experts at helping victims of car accidents recover the maximum levels of compensation possible for their injuries. If you are involved in a car accident, contact us right away for a free case consultation.

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When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language.  ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options. 

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