If the guy who hit me with the company truck and trailer did not have a license, is the company liable for the whole amount of the car loan since it was totaled?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If the guy who hit me with the company truck and trailer did not have a license, is the company liable for the whole amount of the car loan since it was totaled?

The guy failed to stop and had a trailer with 2 construction vehicles on the back. He didn’t have a licence. My car is totaled and my load did not have gap insurance. Can I sue the company for hiring him to drive without a license.

Asked on November 16, 2017 under Accident Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The license is not the issue: fault is. If the driver who hit you was driving carelessly, as appears to be the case, and he was driving for work or as part of his job, as he presumably was, his employer is likely liable under the theory of "respondeat superior": an employer is liable for the non-criminal wrongful or careless acts of the employer's employee.
In addition, if the truck is owned by someone other than the company (e.g. they lease it), you may be able to sue the owner, too, because a vehicle's owner is resonsible for the careless driving of those whom the owner allows to use the vehicle.
And sue the driver himself: not having insurance doesn't mean he would not have to pay, it just means he does not have insurance to pay for him--he'd have to pay out of pocket. He might not have money of course--but he might; sue him, too. Sue everyone, to increase the chance of recovering from someone.
Of course, you can only sue for any amounts not paid by the insurer: to the extent you are paid the car's fair market value and for any other costs (e.g. towing, rental) you incur due to the accident, you cannot sue, since all you can get (assuming no persona injury) are these amounts, and if you are paid them, you cannot also sue for more.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption