“I left my car with a mechanic. One of his employees hit my car when he was driving his personal car. Is the mechanic/employer responsible?”
Before you peek at the answer take a moment to think about who you believe is responsible for the damage to the persons car…
I thought for sure the mechanic would be 100% responsible and his insurance would pick up the tab. But alas there is a twist to this story:
“This hinges on whether the employee was working at the time.
Was he working at the time? If so, the dealer would be responsible for the actions of the employee. If he was not working at the time, you can either deal with your insurance company, the employee's insurance company or the employee directly.
They are not responsible just because it occurred on their property. You need to show that he was working or that the employer was benefitting from him being there at the time.”
So if the employee went to his supervisor or boss and said “I’m not going to work for the next 15 minutes” and then proceeded to drive his car repeatedly into a customers brand new automobile the mechanic shop would bear absolutely no responsibility? The whole deal sounds a bit screwy to me.
Does anyone else agree with me and has anyone ever faced this type of situation?
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