Expert: Anne - 6/17/2008

Question
I'm a valet attendant. Recently i had an car accident with a public car, i was told to pay $500 as required for the personal liability excess which is non-refundable. As a valet attendant, should i be bearing the cost or the valet company should be bearing the cost? I did not sign any formal contract  when i first started work as a valet attendant. Please give me your advice. Thanks a lot.

Answer
Hello Bryan,

Yes and No. Let me explain…

If you were working and doing a job related task (i.e. Parking a car), you were acting in the scope of your employment. This means that the parking lot, hotel, restaurant or whatever your employer is, would be liable for your actions. They would be responsible for the damage to the ultimate consumer. So yes, they would have to pay for your negligence (you hit the car by mistake).

However, depending on the facts, it is possible that your employer try to seek compensation from you (from a legal stand point) and you might have to reimburse them the damages. This can be argued because you are an agent of your employer and the law of Agency and Partnership might shield you, but this would have to explore with more facts.

Good Luck,
Anne
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