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_driverplus a party with roleemployer(the same organisation may also holdvehicle_owner).
Facts that establish it¶
employment_relationship: employee- At least one of
trip_purpose_statedorassignment_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_describedalone 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