How do I get a company to pay for damages done to my vehichle while their employee was dribing it?

UPDATED: Sep 30, 2022

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How do I get a company to pay for damages done to my vehichle while their employee was dribing it?

My son took his truck to WalMart to
have the tire pressure sensors switched
from his old tires to the new ones.
While the truck was being serviced, the
Walmart worker drove it wrecklessly in
the parking lot and ran into another
vehicle. Our vehicle had to be towed
from the store to a body shop.This
incident took place on the 17th of
July. I received a call from their
claims dept. telling me what to do. I
faxed in the requested information on
Thursday and have not heard from them
since. They will not return my calls or
answer the phone.

Asked on July 26, 2017 under Accident Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You sue the company: that's how you get someone to pay (if they will not do so voluntarily) when they or their employee negligently (carelessly) damages your vehicle. You would sue the employee who drove the truck, since he would be personally liable; and you would sue the employer, who is liable for the negligent acts of its employees committed in the course of employment. You sue them both, to maximize the number of people who may be liable to pay you. You sue the at fault persons, not their insurer.

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 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.

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