Co worker backed in to car

UPDATED: Oct 1, 2022

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Co worker backed in to car

On May 25, 2018 my husband’s car was backed into by one of his co-workers that was coming back from lunch. My husband works at a body shop as an estimator and he was inside his office working said co-worker walked into the office and told him he had backed into the car and that he would be paying for it to be fixed. Okay flash forward a month he still has not taken car of it. My husband asked him if he was going to put it on his insurance and he said he was trying not to. And wanted to pay out of pocket, however every time my husband brings it up he says he will take care of it but has yet to make a move. Well by now you can understand I’m upset at the fact that this man has not taken action like he said he was going to. So my husband talked to the shop manager and the director of all the shops and told them that said co-worker that rear ended him had not given my husband either insurance information or written a check like he said he would to cover damages to vehicle. Shop manager replied with you should put it on your insurance and maybe later hope that the coworker that rear-ended my husband can pay him back later. Yes accident was reported to their corporate office but now I’m asking myself, why should we put it under our insurance when it was not our fault. How should we proceed from here?

Asked on June 26, 2018 under Accident Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your husband should sue the co-worker for negligence.  Your husband's damages (monetary compensation he is seeking in his lawsuit) would be the cost of repairs to his car.  
Depending on the cost of repairs to the car, your husband may be able to file his lawsuit in small claims court.
Prior to filing the lawsuit, your husband should contact the police regarding the co-worker's refusal to provide auto insurance information.  
If the auto insurance information is obtained, your husband should file his property damage claim with the co-worker's insurance carrier.
If the co-worker does not have insurance, and if your husband has uninsured motorist coverage, he can file an uninsured motorist claim with his insurance company and have his car repaired.  If your husband doesn't have uninsured motorist coverage,proceed with the lawsuit.  A monetary judgment in your husband's favor can be enforced against the co-worker with a wage garnishment.
Upon prevailing in the lawsuit, your husband can also recover court costs which include the court filing fee and process server fee.

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 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.

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