Property & Casualty Insurance/car damage at work

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Question
I live in GA. Someone attempted to break into my car outside of my place of employment which resulted in scratches on the glass of my 2 front doors. on 6.19.13 a co-worker's car was broken into and no changes were made regarding security, I have spoken with the vp of risk mgmt and been informed they do not have insurance to cover this and if it keeps happening the employee will continue to be responsible. Is my employer liable?

Answer
Denesha;

There are a few mitigating factors here and some legal ones as well. I am NOT an attorney and cannot give you any legal advice. With that said, the first party responsible for the damage to your vehicle is the person or persons who tried to break in. However, we don't know who they are so at this point, there's no way to hold them responsible. Next in line would be your insurance policy that would respond no matter what happens to your car, and no matter where it happens to your car. All states require vehicle owners to have their own insurance policies in place. Your policy is considered "Primary". At a minimum, Liability is required by law. If Liability is all you have, and there is no Comprehensive Coverage, then you have no remedy there. Lastly, your employer "might" have some liability but probably only if they were negligent in some way. 2 random events in a short period of time doesn't necessarily mean your employer has been negligent with security, etc... Most likely, that would have to be determined by a judge in a court case and if it gets that far then you will probably have a ton of legal bills and be unemployed, at least not working for your current employer. I'm not saying there aren't things your employer can and should do, there are probably several, but unfortunately, it doesn't mean they're responsible for your damages. My advice to you would be to say "Hey, I'm not the first, I hope I'm the last but it appears someone is targeting our vehicles. Is there more we can do? Is there any way you can help me with the cost of my repairs?" Asking nicely, at this point, is really your only option. Keep track and if others suffer similar damages etc... then you may have a leg to stand on but right now, unfortunately, you're probably on your own.

I wish I could give you a better answer but it is what it is. Depending on who your employer is and your relationship with management, you can suggest, at a minimum, fake security cameras #assuming there aren't other cameras already present#. They appear completely real, have a "red light" that is operated by a battery and a potential thief doesn't know if they're real or not so it serves as a great deterrent. It's a thought any way.

I wish you the best of luck and hope nothing more happens to your car! If you need anything else feel free to email me again.

Kristen

Property & Casualty Insurance

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Kristen Mulcahy, CIC

Expertise

My specialty is commercial insurance for business owners. I can answer questions regarding liability, property, auto, workers compensation, directors and officers, umbrellas and risk management for all types of businesses. Risk management, or loss control, is taking measures to reduce the chances of a loss in the first place or, helping to prevent a loss from happening again. Insurance can be complicated and confusing and there are no stupid questions! I am President of Western States Loss Control, Inc. and we provide insurance consultations to business owners and surveys/inspections for insurance companies in all states West of the Mississippi.

Experience

20+ years of industry experience.

Organizations
Past President of SCIP Southern Connecticut Insurance Professionals, a chapter of International Association of Insurance Professionals.

Education/Credentials
Certified Insurance Counselor, 2001.

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