Who is responsible for the damages on my car that happened while I was at work?

UPDATED: Jun 18, 2017

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Who is responsible for the damages on my car that happened while I was at work?

I work at a bar and grill as a bartender. Last night while I was working, there was a fight in the parking lot which resulted in a decent sized dent in my driver’s door. I had my manager pull the security footage from that night, but my car is out of frame which is ridiculous because I parked in front of the building. What should I do? Who is responsible? Should my employer have some kind of liability

insurance for this type of incident? Also. the cops were called so there should be at least an incident report filed.

Asked on June 18, 2017 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, your employer is NOT responsible for damage caused by persons not under its control and/or for the criminal acts (e.g. fighting, assault, vandalism, etc.) of other people. Your employer is only responsible for damage or losses which it causes, not those done by others, and therefore they do not need to have insurance for this (and if they have insurance, their insurer would not have to pay, because they are not liable). This is why you should have your own collission or comprehensive insurance, to pay for losses like this: you can't always count on other's insurance.
You could sue the person(s) who caused the damage, if you can find them (and if they have money to pay). You can make what is commonly known as an OPRA request (e.g. "open public records act") the police for any police reports; your police department's website should have information about doing this.

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.

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