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Friday, April 15, 2016

Sue them all!!!


Who is legally responsible for the repair cost so I can try to go to small claims for the repair cost?

Asked 13 minutes ago - Tulsa, OK
Practice area: Lawsuits & Disputes
I was hit by a employee driving a company truck and the driver would not give insurance info would only give name and number then left the scene.I lost my job and currently have only liability insurance on my vehicle.Went to company to get insurance info and company refuses to give insurance info on their fleet truck.I was told that they would not give insurance info because the driver was not covered on their fleet insurance and they will not pay for the damages because we had to get the employee to fix it.The employee admitted to owner and me that he backed into my car and said he would not pay.Then told he was unauthorized and stole vehicle and if we called police they would not press charges or file a insurance claim. I found out the driver is related to the owner and was allowed to drive the vehicle home off of company working hours when the accident occured.I did a collision report with local police department and have been trying to get the company to do the right thing and file a claim and deal with the employee internally to get the repair cost they will be out but they will not do anything and say you have to get it from the employee who hit me but he is uncooperative.

ATTORNEY ANSWERS (2)

  1. Answered Who is liable, easy way to find out is to sue everyone involved. The driver is certainly liable for hitting your vehicle if he was out on his own and it was unrelated to his work. If the owner allowed him to use the vehicle then he is the one liable, unless it was an improper use of the vehicle that the owner could not have foreseen. But the easiest thing to do, is to sue both of them and let them turn on each other in court as to who is liable, or let the court sort it out as to who is liable.