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Respondeat superior

Domain guide, Auto subrogation, theory 2.2

The theory

The at-fault driver was acting within the scope of employment, so the employer is vicariously liable. The employer is usually the better-funded target.

Who must be on the roster

  • other_driver plus a party with role employer (the same organisation may also hold vehicle_owner).

Facts that establish it

  • employment_relationship: employee
  • At least one of trip_purpose_stated or assignment_stated (the driver was on the employer's business). An employer on the roster alone does not confirm the theory.

What defeats it

  • employment_relationship: independent_contractor: independent contractor defense, full bar (routine verification when not stated).
  • deviation_personal_purpose_stated: stated true: the driver had left the employer's business for a personal purpose, full bar (DEF-003). A described route deviation alone makes the defense indeterminate with a routine condition.
  • A route_deviation_described alone raises the frolic question as a condition; it does not decide it.

Recovery channel

  • Demand letter to the employer (or its carrier).

What the carrier does

  • Obtain the employer's identity and carrier.
  • Request the dispatch or assignment record.
  • Verify the employment relationship.
  • Send demand to the employer and the driver's carrier in parallel.
  • Preserve delivery/dispatch logs: routinely overwritten.

A claim that fits

Connor Walsh, driving his personal vehicle on a dispatched delivery order for Rapid Bites LLC (order RB-2025-11204), rear-ended the insured at a signal. Walsh told the officer he was distracted by a delivery notification. HPD placed fault with Walsh. Walsh's personal carrier is Patriot; Rapid Bites did not provide a carrier.

How the engine reads itEmployer (Rapid Bites LLC) on the roster; trip_purpose_stated and assignment_stated stated; at-fault driver confirmed on the police determination; respondeat superior confirmed against Rapid Bites; negligent entrustment excluded (vehicle is Walsh's personal property: no separate vehicle owner on the roster); fleet negligence indeterminate (no fleet fact stated). refer with two routine conditions, channels demand letter (employer) and intercompany arbitration (driver).

Records behind it

Theory record AUTO-SUBRO-THEORY-001 Defenses AUTO-SUBRO-DEF-001, AUTO-SUBRO-DEF-003

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