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Reply to "Nanny in car accident while driving kids in her car"
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[quote=Anonymous][quote=Anonymous][quote]"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.[/quote] 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.[/quote] 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. [/quote]
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