and is charged with hit and run, but it happened on with a company car, which the driver was driving, but is not registered to his name. Can we go after the company for compansation. The man did not have a driver's licence, and was driving a car from his friends car dealership. Our dog was killed and our 4 year old son was cared for at scene by an ambulance. He will be scared for life with 2 degree burns from being dragged buy the car. Thank You for your answer, as this is a serious inquary.
2007-06-30 17:01:24 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
and charged for driving with no licence, and no insurance. But Company car would be liable right, because they gave him a car knowing he had no licence. confused. I won't beable to speak to our attorney until Monday. As This man was caught lastnight at 11:30 PM.
2007-06-30 17:05:41 · update #1
Yes. The owner of the vehicle has primary liability.
EDIT: The company is liable because they own the car. That is really the only thing you need to have a claim. In situations like this, you need to forget about everything but the actual issue. Dont give them a reason to try to deny a claim. (There isnt one.)
Contact the company and demand their insurance information. If you are not comfortable doing that contact an attorney and have them write a letter to the company, or a "claim letter."
More than likely,they will comply with no problem. Once you have the insurance information, you will need to send a letter to the insurance company including:
Date of Incident
Name of injured
Copy of Accident Report
Nature of injuries
Medical bills, doctor's names and the like.
There are other things. Perhaps too complicated for someone who has never done it. If the injuries are extensive...and I suspect they are...get an attorney. They will not charge you unless you win. And most companies need to have more coverage than individuals.
I hope it works out for you, and I hope the victim fully recovers.
2007-06-30 17:03:55 · answer #1 · answered by Toodeemo 7 · 1⤊ 0⤋
I should say that the driver has primary guilt. He was the one who drove. That said, the company is liable to the degree that they were careless. If the man had presented a legitimate-looking false license to the company, the company may not be liable at all.
I would say you have a good case. Get a lawyer, as the company will try to escape responsibility. Most likely, the man would have no money, as people without license usually does not.
2007-07-01 00:25:15 · answer #2 · answered by epistemology 5 · 0⤊ 0⤋
You main target is the driver, but since he didn't have a license, the company that released the car to him is also liable to some degree.
2007-07-01 00:07:19 · answer #3 · answered by DOOM 7 · 0⤊ 0⤋
Yes you can go after the car dealer that the car belonged to ...as the car salesman acting as the company's agent allowed his friend to drive the car ...the dealership is responsible for the damages.
2007-07-01 00:05:41 · answer #4 · answered by ? 6 · 1⤊ 0⤋
The company is solely reliable for the injuries and damages cause by it's employee. The company is on the hook to ensure employees acting as their agents meet all the requirements. You can also sue the driver separately for documented pain and suffering.
2007-07-01 00:05:21 · answer #5 · answered by Clipper 6 · 1⤊ 0⤋
Most certainly. You could if he hit the pedestrian in the road. Pedestrians have the right of way - and the company vehicle will be insured.
The man driving should have criminal charges brought against him.
2007-07-01 00:06:34 · answer #6 · answered by pepper 7 · 0⤊ 0⤋
As for the legalities, I really couldn't tell you. I'm sorry to hear about what's happened, but the only one who should really be held accountable for the hit-and-run is the man who was driving the car.
2007-07-01 00:07:32 · answer #7 · answered by Anonymous · 0⤊ 0⤋
even though the company was not driving the car their employee was. he there fore is a agent of that company which makes the company liable
2007-07-01 01:13:46 · answer #8 · answered by charlsyeh 7 · 1⤊ 0⤋
I would think that the company would be liable. That is why they are insured!
Most people only drive on sidewalks if they are drunk or dead!
Sorry about your child!
2007-07-01 00:06:16 · answer #9 · answered by cantcu 7 · 0⤊ 0⤋
Yes. They were negligant by providing a car to an unlicensed driver.
2007-07-01 00:04:50 · answer #10 · answered by Anonymous · 0⤊ 0⤋