2006-08-09 14:16:21 · 6 answers · asked by sdkidduran 4 in Politics & Government ➔ Law & Ethics
First, as to VanJohn (and all those like him), its likely that they know what an attorney is, but that's the point of Yahoo answers, right? To get an answer without going to an attorney, plumber, web designer, etc. If your answer is "go see an attorney," save your useless words, VanJohn & company.
Now, to ANSWER the question: the business can be sued under a theory of vicarious liability, provided that the person was acting in the scope of employment. However, company will have a hard time arguing that it didn't authorize employee to work with the car at all hours, otherwise why would they have provided a car? If driver is liable, I say company is vicariously liable for personal and property damages. However, be wary if you were at fault at all.
Next, it is important to determine whether company had insurance. It seems likely because, again, they provided a company car. They would be out of their minds to not have that car insured.
Finally, damages. Were you personally injured? Did you have a hospital visit, MD visit, physical rehab, etc? If so, you have incurred personal injury damages and--provided you can prove that the other party was more at fault--you can collect from the insurance company.
There are many variations that could alter the above, so an attorney would be appropriate of course. But at least I tried to answer your question. Good luck!
2006-08-09 14:42:21 · answer #1 · answered by AJGLaw 3 · 0⤊ 0⤋
Actually, the same thing happened to my oldest grandson a couple of months ago. The answer is yes. Atleast it's yes in the state of Ohio. Ofcourse his company tried to lay the blame on my grandson because he's only 18 and inexperienced. But they didn't reckon on his old grandpa! In the end they paid a lot more than if they would have just anted up. Their employee was driving recklessly and hit my boy while he was sitting still. They had no case and had to pay for his car and injuries. I will never do business with that car dealership again. But yes, probably in most states the company would be held liable, unless the driver was required to carry his own insurance.
2006-08-09 14:28:57 · answer #2 · answered by Tom 7 · 0⤊ 0⤋
More importantly to you than whether the company can be sued, is whether the company can be 'successfully' sued to the extent you collect damages. For that, it is not possible to guess at it at Yahoo Answers. You must meet personally with an attorney to discuss the entire case, the strong points and weak points, in order to get competent advice on whether to sue, or whether other options are more reasonable for you.
2006-08-09 14:27:00 · answer #3 · answered by nothing 6 · 0⤊ 1⤋
You have the best kind of case. Did you get injured though? Depends though, are you in a no-fault state? If you are in a no-fault state then your insurance company will take care of you.
2006-08-09 14:26:00 · answer #4 · answered by El_Nimo 3 · 0⤊ 0⤋
It depends if they were on company business (including going to and from work, errands, and minor detours). However, if they were on a frolic (unauthorized activity), you will have a hard time.
2006-08-09 14:25:34 · answer #5 · answered by Brand X 6 · 0⤊ 0⤋
sure they can
2006-08-09 14:20:07 · answer #6 · answered by A M 2 · 0⤊ 0⤋