Legal Question in Personal Injury in Texas
My car was parked at my workplace. The maintenance guy was mowing the lawn and the tire of the mower slipped off the curb and bumped into my car causing a dent. I took pictured of his muddy tire prints showing he was on the side walk and slipped off the curb where i was parked. Is my employer responsible for repair of my car? I got an estimate as i was instructed to do and the repair will cost over $900.00. Since the repair will be so much my employer is not willing to pay after he admitted that by the tire tracks it looked like the maintenance man was the one who damaged my car. If i file on my insurance my deductable is over the amount to repair the dent. Who is responsible me or my employer?
1 Answer from Attorneys
The problem is proving that it was the mower that caused it. Your description makes it sound like it probably was, but your employer's reluctance to pay causes me to think that maybe your employer doubts the mower caused the damage. Talk to the maintenance guy. If he admits it, then you have your proof.
Regardless, $900 sounds high. Get another opinion. Also, what's the value of your vehicle? If old and not so valuable, repairs might not make sense.
If the maintenance guy is not an employee, but an independent contractor, then your emploer is not responsible. If an employee, then your employer is legally responsible for the negiigence of the maiintenance guy.
The question is whether you want to sue your employer over a $900 bump. If you lose your job doing so, then your economic loss could exceed the car damage.
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