What happens if my car was flooded in the employee’s parking lot and I do not have comprehensive insurance?

My employer says that it is not liable. Meanwhile I had to pay for towing, lost wages etc. The car is still in shop and may be OK. I will have to get it cleaned and detailed and again it is coming out of my pocket. It’s not my fault either. Is there anything I can do or is it a waste of time?

Asked on June 17, 2014 under Insurance Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The employer may be liable IF it was at fault in causing the flood: for example, if it was an indoor/underground lot in a building owned by the employer, and due to lack of maintenance or some other construction work being done, a water pipe burst or was accidentally cut and that caused the flood. However, if the employer did not cause the flood, they would not be liable: a person or business is not responsible simply because someone's car is damaged on property they own or rent. Rather there must be fault. Consider: suppose a friend parked his car at a house you owned, and due to a hurricane or nor'easter, it was flooded--would you be liable for the weather? No. The same rule applies to your employer: only if the employer was at fault might they be liable.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.