Nanny in car accident while driving kids in her car

[Anonymous]

What are you going to do if she does in fact need a new car? Sounds like your nanny is going to get screwed here.

[Anonymous]

Why does she have to pay a deductible if she wasn't at fault?

[Anonymous]

Anonymous wrote:Why does she have to pay a deductible if she wasn't at fault?

A lot of states have "no fault" accident rules to try to cut down on lawsuits. So, they also require everyone to have insurance. If it was clearly not her fault, her insurance company may go after the other guy's or it may not, but in a no-fault state, everyone is made whole (supposedly) by their own insurance.

[Anonymous]

Anonymous wrote:What are you going to do if she does in fact need a new car? Sounds like your nanny is going to get screwed here.

Please explain

[Anonymous]

I'm not the PP, but I think what PP is trying to say is what if your nanny needs a new car? It sounds like hers must be totaled, or else the insurance company would give her enough money to cover repairs. If the car is totaled and they're only giving her the value of the car - which it sounds like will not be enough to buy a new car - how are you going to compensate your nanny.

[Anonymous]

This happened to a nanny friend of mine. The family did nothing to help. She was screwed

[Anonymous]

Anonymous wrote:I'm not the PP, but I think what PP is trying to say is what if your nanny needs a new car? It sounds like hers must be totaled, or else the insurance company would give her enough money to cover repairs. If the car is totaled and they're only giving her the value of the car - which it sounds like will not be enough to buy a new car - how are you going to compensate your nanny.

Yes this is what I meant. It sounds like her car is totaled, and she won't recieve enough to buy a replacement car, so what then?

[Anonymous]

"What are you going to do if she does in fact need a new car? Sounds like your nanny is going to get screwed here."

That is between the nanny and her insurance company. Accidents happen and people have negative consequences from accidents that aren't always fair. That's not the employer's fault. If the employer decides to pay the deductible, that's generous enough. They aren't responsible for buying her a new car because she got into an accident.

[Anonymous]

Anonymous wrote:"What are you going to do if she does in fact need a new car? Sounds like your nanny is going to get screwed here."

That is between the nanny and her insurance company. Accidents happen and people have negative consequences from accidents that aren't always fair. That's not the employer's fault. If the employer decides to pay the deductible, that's generous enough. They aren't responsible for buying her a new car because she got into an accident.

She was driving the car for work purposes. It certainly is their responsibility. If that isn't a responsibility that you are comfortable with, you shouldn't ask your nanny to use her personal car. The solution here was to have the nanny stay in the neighborhood that day with the kids or use public transportation. They chose to have her use her personal car for work purposes, so yes this is their responsibility. If I were your nanny and I was left without a car as a result of this, I would quit and I would sue.

[Anonymous]

Anonymous wrote:

Anonymous wrote:"What are you going to do if she does in fact need a new car? Sounds like your nanny is going to get screwed here."

That is between the nanny and her insurance company. Accidents happen and people have negative consequences from accidents that aren't always fair. That's not the employer's fault. If the employer decides to pay the deductible, that's generous enough. They aren't responsible for buying her a new car because she got into an accident.

She was driving the car for work purposes. It certainly is their responsibility. If that isn't a responsibility that you are comfortable with, you shouldn't ask your nanny to use her personal car. The solution here was to have the nanny stay in the neighborhood that day with the kids or use public transportation. They chose to have her use her personal car for work purposes, so yes this is their responsibility. If I were your nanny and I was left without a car as a result of this, I would quit and I would sue.

Sue for what? They aren't legally obligated to buy you a new car

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:"What are you going to do if she does in fact need a new car? Sounds like your nanny is going to get screwed here."

That is between the nanny and her insurance company. Accidents happen and people have negative consequences from accidents that aren't always fair. That's not the employer's fault. If the employer decides to pay the deductible, that's generous enough. They aren't responsible for buying her a new car because she got into an accident.

She was driving the car for work purposes. It certainly is their responsibility. If that isn't a responsibility that you are comfortable with, you shouldn't ask your nanny to use her personal car. The solution here was to have the nanny stay in the neighborhood that day with the kids or use public transportation. They chose to have her use her personal car for work purposes, so yes this is their responsibility. If I were your nanny and I was left without a car as a result of this, I would quit and I would sue.

Sue for what? They aren't legally obligated to buy you a new car

You're an expert on employment law? I know for a fact that in some states the employer can be held responsible for damages to your property incurred during the course of performing your job, and there have been plenty of cases in which this has been applied to auto damages. Worth it to sue for small damages? No probably not. Worth it if this accident leaves you without a vehicle entirely? Definitely.

[Anonymous]

This is why nannies need riders it gives extra coverage when driving for work

[Anonymous]

"What are you going to do if she does in fact need a new car? Sounds like your nanny is going to get screwed here."

That is between the nanny and her insurance company. Accidents happen and people have negative consequences from accidents that aren't always fair. That's not the employer's fault. If the employer decides to pay the deductible, that's generous enough. They aren't responsible for buying her a new car because she got into an accident.


She was driving the car for work purposes. It certainly is their responsibility. If that isn't a responsibility that you are comfortable with, you shouldn't ask your nanny to use her personal car. The solution here was to have the nanny stay in the neighborhood that day with the kids or use public transportation. They chose to have her use her personal car for work purposes, so yes this is their responsibility. If I were your nanny and I was left without a car as a result of this, I would quit and I would sue.

The nanny could have chosen not to use her car and instead stay in the neighborhood or use public transportation. She didn't. She chose to use her car. Her employer didn't threaten to fire her if she refused to drive her car.

Unfortunately, she had an accident. Her accident. Her responsibility to repair her car. Her employer is not legally responsible to buy her a new car.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:"What are you going to do if she does in fact need a new car? Sounds like your nanny is going to get screwed here."

That is between the nanny and her insurance company. Accidents happen and people have negative consequences from accidents that aren't always fair. That's not the employer's fault. If the employer decides to pay the deductible, that's generous enough. They aren't responsible for buying her a new car because she got into an accident.

She was driving the car for work purposes. It certainly is their responsibility. If that isn't a responsibility that you are comfortable with, you shouldn't ask your nanny to use her personal car. The solution here was to have the nanny stay in the neighborhood that day with the kids or use public transportation. They chose to have her use her personal car for work purposes, so yes this is their responsibility. If I were your nanny and I was left without a car as a result of this, I would quit and I would sue.

Sue for what? They aren't legally obligated to buy you a new car

You're an expert on employment law? I know for a fact that in some states the employer can be held responsible for damages to your property incurred during the course of performing your job, and there have been plenty of cases in which this has been applied to auto damages. Worth it to sue for small damages? No probably not. Worth it if this accident leaves you without a vehicle entirely? Definitely.

Yes, but the point is that the insurance is reimbursing the value of the car. Minus the deductible. The employer would not be responsible, legally, for reimbursing more than the actual value of the car.

[Anonymous]

Anonymous wrote:

"What are you going to do if she does in fact need a new car? Sounds like your nanny is going to get screwed here."

That is between the nanny and her insurance company. Accidents happen and people have negative consequences from accidents that aren't always fair. That's not the employer's fault. If the employer decides to pay the deductible, that's generous enough. They aren't responsible for buying her a new car because she got into an accident.


She was driving the car for work purposes. It certainly is their responsibility. If that isn't a responsibility that you are comfortable with, you shouldn't ask your nanny to use her personal car. The solution here was to have the nanny stay in the neighborhood that day with the kids or use public transportation. They chose to have her use her personal car for work purposes, so yes this is their responsibility. If I were your nanny and I was left without a car as a result of this, I would quit and I would sue.

The nanny could have chosen not to use her car and instead stay in the neighborhood or use public transportation. She didn't. She chose to use her car. Her employer didn't threaten to fire her if she refused to drive her car.

Unfortunately, she had an accident. Her accident. Her responsibility to repair her car. Her employer is not legally responsible to buy her a new car.

You are doing a lot of speculating and your conclusions make little sense taking into account what we actually know. The nanny most likely didn't "choose" to drive her car. Obviously, driving is a normal requirement of her job since her employers have a car they set aside for her to use. Given that fact, the logical conclusion is that the children have school or activities that getting to require use of the car, and since the employer provided car was in the shop nanny was expected to use her own. OP could have said, nanny don't worry about attending x, y, z today or she could have made other arrangements.

If nanny expressly went against such instructions, I agree with you; her accident, her responsibility. If the conversation was more like (and what I think is the more likely scenario since OP was neither surprised or angry they were in the car in the first place) "nanny our car is in the shop, you'll have to use yours today," then it most certainly is the responsibility of the employer. And I'll say it again, if I were OPs nanny and this situation left me without a car and my employer felt they had no responsibility to compensate me, I would make their lives miserable.