Expert: Bennie719 - 4/29/2008

Question
QUESTION: Hi there, I work for an agency that deals with intellectually disabled individuals.  While at work on Saturday one of the consumers had a behavior and threw a rake at my vehicle causing the back window to shatter and dented the car.  I filled out an incident report, had the other employee that saw the incident sign the report, took pictures and contacted my employer today.  They said that the agency isn't responsible and that my insurance has to pay for it.  Well of course, here in NY it is pouring rain and I need my window fixed.  I contacted my insurance agent, they will fix my window under full glass coverage but I have a $250 deductible for the dent.  Is my employer responsible for covering the deductible?

ANSWER: Hi Krista,
I'm sorry to hear of your predicament.
I see no way that any liability exists against your employer for paying your deductible.  You do have grounds for legal recourse against the 'consumer' through small claims court action.  Since the
'consumer' is intellectually disabled, the court may decide that he/she is not capable of presenting a defense or even if you able to proceed, you might find it difficult to impossible to collect.

I hope this information has been of help.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area

---------- FOLLOW-UP ----------

QUESTION: Hi again.  Thank you for your previous response.  I appreciate how quickly you replied to me.  Is there any way you can explain why my employer would not be liable for paying my deductible?  I have asked this question to a couple of people and no one seems to be able to give me a concrete answer.  It seems to me that if it happened on their property, through fault of an agency consumer then they should have some liability?  Anything will be helpful! Thank You!

Answer
Hi Krista,
I don't think that I can give you a concrete answer.  For your employer to be liable, there would have to be a state law to that effect.  My assumption is that your state lawmakers decided that since your employer doesn't force you do drive your car to work or park in the employer provided spaces, therefore, there is no liability against the employer.
As I stated earlier, there is a legal liability against the party that caused the damage, although you would have slim chance of recovery due to his/her condition.

Sincerely,
Bennie