Frequent Use Of Your Car Throughout The Work Day Doesn’t Mean Your Employer Pays For Your Accidents

In California, employers are generally liable for damage caused by an employee’s accident when that employee uses their personal vehicle for business purposes. The “going and coming” rule excludes liability for the employer if the accident occurs when the employee is commuting to and from work. An employer may be liable, however, for accidents occurring during an employee’s commute when the “vehicle use exception” applies. The “vehicle use exception” applies where (1) the possession […]

By | Jul 17, 2019 |

Dowdy V. Metropolitan Life Insurance Company

In Dowdy v. Metropolitan Life Ins. Co., ____ F.3d ___ (9th Cir. May 16, 2018), the Ninth Circuit Court of Appeals reversed a district court’s denial of a motion for judgment pursuant to Federal Rule of Civil Procedure 52 filed by Metropolitan Life Insurance Company (“MetLife”), arguing that the claim of insured Tommy Dowdy (“Dowdy”) for amputation of his leg following a motor vehicle accident was not covered under an accidental death and dismemberment policy governed […]

By | Jul 15, 2019 |

Dashcams: Not Just For Viral Videos

Mauril Aldophe thought he had a personal injury payday coming from Beck’s Towing of Boynton Beach, Florida. He told police and a medical clinic that a tow truck had rear-ended him. The problem for Aldophe: the tow truck involved in the crash was equipped with a dashcam. The dashcam footage showed what really happened; Aldophe stopped abruptly in the middle of the road in front of the tow truck. When the tow truck driver […]

By | Jul 13, 2019 |