Did you know you can sue Workers Compensation ?
Car owner gets sued after lube tech kills mechanic with his car at dealership
- Thread starter Puhdantic
- Start date
Did you know you can sue Workers Compensation ?
If anything, the family of the victim should be filing a wrongful death lawsuit against the person tying to drive the car. They might also be able to sue the dealership for letting an employee try to operate a potentially dangerous machine (the car) that he had no experience or training operating while on the job. It's completely ridiculous trying to sue the car owner for someone else's actions. Any physical damages done to the dealership (if there were any), should be covered by the dealerships insurance because the accident happened on dealership property by a dealership employee.
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It’s called Worker’s Compensation
Just like if someone stole your car and crash & kill others in an accident. It "may" increase but it really depends. In the end depends on lawsuit outcome the dealer may end up paying for it or the owner auto insurance may sue the dealer's insurance for this.
Totally varies by state. Blanket statement much?
First rule of lawsuit, you only sue someone who has money to pay or settle. Say you win, then what? you cannot collect anything and is wasting everyone's time.
Which is why insurance is mandatory these days so there's always something to sue for.
Varies by state and negligence is usually involved.
The family might be able to sue the dealership for letting someone operate equipment they weren't qualified to operate. If so, the dealership's insurance may be the ones paying out up to whatever limits the dealership's policy covers.
If the Jeep owner is covered for up to $ 500,000 and the settlement is 1,000,000 who pays the overage
That's usually settled by the insurance. They may offer 500k if they don't go for more. But if there's a court judgement for 1 million and coverage is only 500k, then the owner pays the other 500k. This may be a good reason to get an umbrella policy. Those can be in the $200-$900 range or more depending on what insurance you already have and how much coverage you buy.
It is going to be bargaining. As I mentioned you cannot collect what the other guy doesn't have, and if you spend a lot of time dragging it out you are wasting lawyer time for no gain. Lawyers aren't charity, they are not there to bring justice, just to make a buck.
Most lawsuits are settled and lawyers and judges bargain to get things done in a cost effective way in the end.
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The dealership (insurance) is going to compensate the family of the man who was killed.
https://www.bizpacreview.com/2022/0...&utm_content=5/7/22 JSM PM&utm_campaign=james
https://www.bizpacreview.com/2022/0...&utm_content=5/7/22 JSM PM&utm_campaign=james
Workman's comps says an employee (or their principals) cannot sue a fellow employee for damages incurred in the workplace.
The vehicle is a tool. Operator negligence caused harm. It was not being driven, it was being operated
in a facility. I see the business as being at fault. The Business has an under-trained employee performing a task he was unsuited for.
I had a similar incident when I was a young mechanic. I reached in to start a car that I had just tuned up and it lurched forward. It was a manual. The Neutral Safety Switch was not operational and I had left the car in gear. Luckily it didn't start, but it moved a foot almost hitting the front work bench. I leaned a life lesson that day.
- Ken
JHZR2
Staff member
The owner is always liable for the actions of the driver is the claim…
Which then lets the theiving insurance companies charge premiums on cars that in situations like mine, there aren’t enough drivers for the cars we have.
It’s beyond stupid. Just an approach to steal from the public.
Insurance should be attached to the driver/operator. No operating vehicles without carrying your own insurance. Granted, this situation may result in “off road” use, since it was in a private place of business…. But it would be prudent for a place of business to then require licensed insured drivers to touch vehicles.
This just seems awfully stupid, due to stupid insurance regulations and other laws. And creates a ton of inconvenience and issues for the car owner.
The dealership doesn’t care because they’re absolved of risk/liability, which is just plain ridiculous.
Which then lets the theiving insurance companies charge premiums on cars that in situations like mine, there aren’t enough drivers for the cars we have.
It’s beyond stupid. Just an approach to steal from the public.
Insurance should be attached to the driver/operator. No operating vehicles without carrying your own insurance. Granted, this situation may result in “off road” use, since it was in a private place of business…. But it would be prudent for a place of business to then require licensed insured drivers to touch vehicles.
This just seems awfully stupid, due to stupid insurance regulations and other laws. And creates a ton of inconvenience and issues for the car owner.
The dealership doesn’t care because they’re absolved of risk/liability, which is just plain ridiculous.
The person who died is already covered by workers compensation and family will be compensated.
The attorney is now going to make the vehicles insurance company pay.
It will be an interesting outcome but I strongly suspect the owners insurance company will be paying.
This is why you carry insurance, you don’t have to do anything your insurance company handles it all.
Someone can trip and fall on my property today at no fault of my own break their leg or become incapacitated and they will sue me I will do nothing more than make a phone call to the insurance company and they will handle everything.
Smart attorneys also know even if they can’t win a case and insurance company will settle rather than have the expensive of court and unknown outcome.
I didn’t know insurance companies were so loved in BITOG. This is the insurance company job and what you pay them for.
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If i was the vehicle owner, i would also sue the shop, for another vehicle. Do you want to drive a vehicle everyday that you knew was part of another persons death?
