I want to know all parties that are at fault and liable for my property damage?
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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
compensation?
Asked on October 15, 2016 under Accident Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 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).
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