Nanny car accident in our car

[Anonymous]

I'm an MB. I do think that you accept the primary liability if you're asking her to drive your vehicle (and hopefully have put her on your insurance.)

I would appreciate her offering to pay for some portion of the costs, but I don't think I'd be ok having her pay all of it - it just seems like our responsibility at the macro level. Given that it isn't the first time she has cost you money from damaging a car however, and this one involved another party and she was at fault, I think an adjustment to the contract is in order (that requires her to be liable for damanges, perhaps addresses concerns about insurance rates rising, etc...)

Happily it sounds like this was a fairly minor incident. Maybe you could send her to a safe driving class?

Back to the main point though - if you choose not to file w/ your insurance company but to pay out of pocket, that is your decision. If I were in your shoes and for whatever reason were going to allow the nanny to pay something I would cap it at half of the deductible you'd be liable for if you went through insurance. Thereby splitting the cost but not making her pay for your decision about out of pocket or covered costs.

[Anonymous]

OP in the future please, please do not give this nanny a glowing reference and omit the part how she has been in two accidents damaging your car while working.

[Anonymous]

I don't think you should ask her to pay. If you do I would think the most you could expect her to pay would be the deductible on your insurance policy. It's not her choice that you are not going through insurance.

[Anonymous]

It's your responsibility, OP. I know it sucks but honestly, in 3 years, that's all that's happened with her driving your car daily (it sounds like)?? If so, then I would for sure pay for it. If it was a recurring event, then obviously you would have more to think about then just the responsibility of payment, as she would show herself to be, at worst, a careless driver and at best, an unlucky one.

However, either way, you're responsible for paying for YOUR car that YOU hired someone to drive around in under YOUR insurance. Unless previously discussed and agreed upon, of course that's the right thing to do. If I was a nanny making significantly less than my employers and they asked me to PAY for the cost of fixing a fender-bender I was in, I would definitely lose a lot of respect for them. And probably look for a new job in the near future.

[Anonymous]

If you do decide not to go through insurance is there any way to find out if the other party is going to try to claim any injury? My agent warned me about this when I needed to pay one without going through insurance.

In either case I agree that this is part of the liability of having her drive your car and you should pay, but adjust the contract.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:MB here. I don't think you can ask her after the fact to contribute to the costs. She was driving in the course of performing her employment duties, so by default, the responsibility is yours. That's why you presumably added her to your auto insurance.

For the future, you could put something in her contract that says if she is found to be at fault, she will be responsible for some portion of the damages, even if driving on the job. I wouldn't do it, though, as I think it would just invite disputes over whether she was really at fault, to what degree, etc.

Really, this is just part of the liability you assume by letting the nanny drive your car. If it's too much for you or you think she is careless, consider not having her drive your kids.

Another MB here. Agree with this 100%.

+1 another MB. I might have her pay the deductible, but that's it.

I also agree with this and am glad someone posted it more articulately than I could.

+1. and for sure you cannot have her pay more than the deductible just because you do not want to file a claim.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:MB here. I don't think you can ask her after the fact to contribute to the costs. She was driving in the course of performing her employment duties, so by default, the responsibility is yours. That's why you presumably added her to your auto insurance.

For the future, you could put something in her contract that says if she is found to be at fault, she will be responsible for some portion of the damages, even if driving on the job. I wouldn't do it, though, as I think it would just invite disputes over whether she was really at fault, to what degree, etc.

Really, this is just part of the liability you assume by letting the nanny drive your car. If it's too much for you or you think she is careless, consider not having her drive your kids.

Another MB here. Agree with this 100%.

+1 another MB. I might have her pay the deductible, but that's it.

I also agree with this and am glad someone posted it more articulately than I could.

+1. and for sure you cannot have her pay more than the deductible just because you do not want to file a claim.

Another +1

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:MB here. I don't think you can ask her after the fact to contribute to the costs. She was driving in the course of performing her employment duties, so by default, the responsibility is yours. That's why you presumably added her to your auto insurance.

For the future, you could put something in her contract that says if she is found to be at fault, she will be responsible for some portion of the damages, even if driving on the job. I wouldn't do it, though, as I think it would just invite disputes over whether she was really at fault, to what degree, etc.

Really, this is just part of the liability you assume by letting the nanny drive your car. If it's too much for you or you think she is careless, consider not having her drive your kids.

Another MB here. Agree with this 100%.

+1 another MB. I might have her pay the deductible, but that's it.

Another MB here. I wouldn't ask her to even pay the deductible unless she was using the car in an off-duty capacity. It's just the cost of doing business when you have care providers using your vehicle while they work for you. ESPECIALLY if she's a great nanny and this is a first, I'd just be happy that no one got hurt and that she's helping get the repairs accomplished.

[Anonymous]

If there was another car involved you need to tell your I s co regardless of making a claim. If the other driver decides to come back at you in a year your ins co could deny the claim if you never reported it. Leaving you on the hook.