In most cases the employer will be liable under a theory called respondeat superior.[1] Respondeat superior is a theory under which an employer will be liable for the negligence of an employee if the negligent actions happen within the scope of employment.[2] Additionally, the employer must have owned the automobile, and the employee must have been doing business on behalf of the employer when they caused the injuries.[3]
The doctrine of respondeat superior is important because personal insurance policies, like ones carried by an employee, may have inadequate coverage. While the employer’s insurance policy may have higher coverage amounts, therefore, likely covering your damages.