I want to know all parties that are at fault and liable for my property damage?

UPDATED: Sep 30, 2022

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I want to know all parties that are at fault and liable for my property damage?

On September 30, 2016 around 130pm my
2013 kia soul was struck by a bobcat
bulldozer. I was summoned by the hotel
owner at which i was staying at the
hotel when this occurred. I was told
that a sub contractor was responsible
for opporating the construction vehicle
that struck my car. I noticed that the
area of the parking lot was not secured
off or taped off to safely do
construction around vehicles. The owner
of the hotel hired a contractor who
hired a sub contractor for the
construction work. I would like to know
who all is at fault for my damages. I
would also like to add that i am a
Lyft/Uber driver and my vehicle was my
main source of income. Who is
responsible for lost wages and expense

Asked on October 15, 2016 under Accident Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The bobcat driver who hit your car is liable: he negligently, or unreasonably carelessly, damaged it. And his employer, if he is an employee of a company and not the owner of his own subcontracting company, is also very likely liable, under the theory of "respondeat superior," which makes employers liable for the negligent acts of their employees. The hotel would not be liable: they did not cause or contribute to the accident (there is no requirement to tape off parts of parking lots when there are construction vehicles in use, so they would not be liable for this) and a person who hires a contractor is not liable for the contractor's actions unless the hiring person (or business) was actively directing or supervising them, which most likely was not the case here. If the driver and/or his employer (or their insurer[s]) will not voluntarily compensate you, you could sue them--though if you have collission coverage, the easiest thing to do is to submit a claim to your own insurer (then sue for the deductible, if you want).

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.

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