The dealership hired the company who provides the car washes, and the car wash hires their own employess but the dealership knew that the employee wasnt a licensed driver and that the job required driving the cars to and from the car wash, Dont they have insurance to cover accidents like that and isnt it unlawful to take an employees paycheck with no contract or anything being signed stating what action would be taken if this situation occured.
2007-01-15 12:37:49 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The dealership is absolutely liable as you entrusted your car in their care, even if they sub-contracted it out to another party. The dealerhship should have insurance to cover the damage and if they don't, they cannot be operating legally. They are likely trying to wiggle out of it due to ignorance or you haven't gone high up enough on the chain of command to get past the grunts that don't care or want to deal with the problem as it doesn't affect them directly until you reach the key player.
You might want to start to build your case by documenting everything, filing a complaint with the Better Business Bureau, which you can do online at https://odr.bbb.org/odrweb/public/GetStarted.aspx. On the same website, you can usually find out the name of the key players of the business and can carbon copy them on your complaint to the BBB.
Also, you can file a complaint with the Attorney General in your state; takes 6 months or more to get a response in many cases though.
If the damage is under $3,000, which is most States limit for Small Claims, you could also send a demand letter certified mail to the dealership, along with estimates for the the repair for damage and state what you are willing ot accept as compensation within say, 10 business days, or indicate you will file suit in Small Claims Court. You do not need an attorney to file a claim in Small Claims Court and usually the filing fee is $80 or under and your can request in your Complaint that if the Judge rules in your favor, the Defendant be liable for all Court and Filing costs.
The car wash is responsible for their employees and yes, they should have insurance that should cover them if their employees cause any damage. If there is nothing agreed to in writing between the employee/employer as far as damages, the employer would have to prove the damage was due to negligence on the part of the employee and even then, have to go to Court and prove their case by preponderance of evidence; only then could they file for a garnishment against the employee. If the company is taking money from the employees check without his knowledge and/or consent, the employee can file a complaint with the Labor board.
2007-01-15 12:55:44 · answer #1 · answered by bottleblondemama 7 · 0⤊ 0⤋
The way you're asking the question, it sounds like you are the unlicensed person who caused the damage. Yes, if you caused damage, with or without a license, you are required to pay to have it fixed most of the time, and the insurance of the dealership has nothing to do with that. Why should they be out for your error in judgment? Be glad you have a job and a paycheck to be attached. They could have fired you.
Can you sue? Of course. Anyone can sue anyone else for any cause if you can find an attorney to file. The bigger question is can you prevail it you do sue?
2007-01-15 12:49:46 · answer #2 · answered by oklatom 7 · 0⤊ 0⤋
I may be a little fuzzy about the understanding of your question, but part of it relates to one I posted the other day. As for your car, yes THEIR insurance should pay for Your car. Then the insurance company can take up the legalities (or lack thereof) with the car wash. It's sort of like a drunk driver. They hit you and hopefully have insurance. Their insurance pays up, then drops the drunk driver (hopefully) after the innocent parties have been taken care of. Or at least that's the way it is suppose to happen, but then again insurance has been known to try and get out of their obligation. If you sue, that's who you go after.
2007-01-15 12:52:36 · answer #3 · answered by Kari 4 · 1⤊ 0⤋
It is all very tragic but do you know the drivers personal circumstances - maybe he cannot afford to mend the car and he needs it to work and support his family. If he has access to other vehicles does it mean someone else is without a car - he was doing nothing wrong and is now without his car I am not saying i would do what he is doing but i doubt it is a decision he has taken lightly - don't judge someone until you have walked in their shoes Everyone on the road is responsible for their own and everyone elses safety and i think it was said to be accidental to not cause pain for the parents because if he had had lights and a reflective jacket there would have been no accident
2016-05-24 19:01:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes you do have a case, the company is not allowed to take an employee's paycheck nor is he responsible to pay the money. This is what is called an illegal garnishment. File suit. Im not sure what state you are in, but, in a lot of states it is actually legal to drive on private property with out a license, it is illegal to drive on the roadways of that state w/o a license..
2007-01-15 17:14:52 · answer #5 · answered by Greg M 3 · 0⤊ 0⤋
Yes, you casn sue for damages, and the company will be fined as well.
2007-01-15 12:42:14 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Ummm yeah,
go to legalmatch.com and present your case
2007-01-15 12:41:15 · answer #7 · answered by +No longer a Yahoo answerer+ 3 · 1⤊ 0⤋