What to do if I worked at a automotive shop and when I was test driving a customer’s car I had a wreck?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I worked at a automotive shop and when I was test driving a customer’s car I had a wreck?
The shop went out of business and now I’m getting sued for $14,000.
Asked on October 29, 2011 under Bankruptcy Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You may have to pay, IF you were at fault. Someone who drives another's car and causes or contributes in some meaningful way to an accident is liable for the damage to the car. Potentially, the shop would be liable as well, though you write that it is now out of business; however, even if it could be liable, as your employer, that does not change the fact that you, as an at-fault driver, would be liable, too.
If you believe that you were not at fault--e.g. someone else hit the car without you dong anything wrongs, such as if another driver went through a red light--you may be able to defend yourself against liability; in that event, if you intend to mount a defense, you should retain an attorney to help you.
On the other hand, if you agree that you are at fault and/or that all the evidence will show that you are at fault; it may be effectively impossible for you to defend yourself. In that event, your best bet, may be to declare bankruptcy after there is a judgment against you.
Note that if you have insurance, it may afford you some protection: e.g. your own automotive insurance may cover when you are driving another's car, or if you have an umbrella liabiltity policy, that may help, too. Check your insurance policies to see if they will offer any reimbursement or protection.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You may have to pay, IF you were at fault. Someone who drives another's car and causes or contributes in some meaningful way to an accident is liable for the damage to the car. Potentially, the shop would be liable as well, though you write that it is now out of business; however, even if it could be liable, as your employer, that does not change the fact that you, as an at-fault driver, would be liable, too.
If you believe that you were not at fault--e.g. someone else hit the car without you dong anything wrongs, such as if another driver went through a red light--you may be able to defend yourself against liability; in that event, if you intend to mount a defense, you should retain an attorney to help you.
On the other hand, if you agree that you are at fault and/or that all the evidence will show that you are at fault; it may be effectively impossible for you to defend yourself. In that event, your best bet, may be to declare bankruptcy after there is a judgment against you.
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.