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Can a company deny responsibility after its work van hit my parked car and promised to pay for repairs?

Clay G., Esq.
Clay G., Esq.

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Since I haven't heard back from you in a while, I will go ahead and answer your question based on the limited information you have provided.

Generally speaking, a company is responsible for the actions of its employees while they are working, a concept known as vicarious liability. If the van belonged to them and the driver was their employee at the moment of the crash, they are typically the responsible party.

Their claim that they “sold the van to the guy” is often irrelevant if the sale happened after the accident or if the driver was still acting as their agent at the time.

Furthermore, if the company explicitly promised to pay for the repairs, you may have a secondary legal claim against them based on a breach of contract or promissory estoppel. This means that because they told you they would pay, and you relied on that promise to authorize the repairs, they may be legally bound to follow through regardless of who owns the van now.

If the company continues to refuse payment, the responsibility usually falls back on the insurance process. You can contact your own insurance provider, give them the company’s details and the driver’s information, and let their legal team pursue the company for the costs. (49 U.S.C. § 13906)

Alternatively, if the amount is within the limits of your local Small Claims Court, you can file a claim against both the driver and the company to let a judge decide who is liable.

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Someone hit my car while it was parked. He was in a work van, and the company told me that they did not want to go through insurance and said they would pay for the damage. Now I have had the car repaired, and the garage is waiting on payment. The company now says they sold the van to the guy, and we need to sort it with him as it is nothing to do with them. Is this right?

Lexi

Lexi, Chatbot

I am sorry to hear about the trouble you are facing with the accident and the repair process. Can you tell me if you have any written communication from the company regarding their initial agreement to pay for the damages?

No, it was all done over the phone and a text asking for a second quote.

Lexi

Lexi, Chatbot

Have you already contacted the individual who was driving the van to discuss the situation?

Yes, when it first happened, he rang his boss at the time and handed the phone to my husband. Then they told him the company would pay and take it from his wages.

Lexi

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured, they will be able to help with your car accident claim.

No.

Clay G., Esq.

Clay G., Esq.

Hello! Thank you for using our service. I am Clay, an attorney with several years of experience, and I will be assisting you with your question today. Just a note: our conversation is for general legal information only and does not establish an attorney-client relationship. Please give me a moment to review your question. Some answers may take a bit of time to prepare, so if you do not hear from me immediately, rest assured that I have not forgotten about you. Feel free to reach out if you have not heard back from me in 15 minutes.

How are you today? In what state did this accident occur?

Clay G., Esq.

Clay G., Esq.

Since I haven't heard back from you in a while, I will go ahead and answer your question based on the limited information you have provided.

Generally speaking, a company is responsible for the actions of its employees while they are working, a concept known as vicarious liability. If the van belonged to them and the driver was their employee at the moment of the crash, they are typically the responsible party.

Their claim that they “sold the van to the guy” is often irrelevant if the sale happened after the accident or if the driver was still acting as their agent at the time.

Furthermore, if the company explicitly promised to pay for the repairs, you may have a secondary legal claim against them based on a breach of contract or promissory estoppel. This means that because they told you they would pay, and you relied on that promise to authorize the repairs, they may be legally bound to follow through regardless of who owns the van now.

If the company continues to refuse payment, the responsibility usually falls back on the insurance process. You can contact your own insurance provider, give them the company’s details and the driver’s information, and let their legal team pursue the company for the costs. (49 U.S.C. § 13906)

Alternatively, if the amount is within the limits of your local Small Claims Court, you can file a claim against both the driver and the company to let a judge decide who is liable.

Clay G., Esq.

Clay G., Esq.

5,599 satisfied customers

Clay G., Esq.
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