Results 1 to 8 of 8

Thread: GA company damaged my car offering limited solution Georgia

  1. #1
    Junior Member
    Join Date
    May 2008
    Posts
    6

    Default GA company damaged my car offering limited solution Georgia

    Hello.

    I parked my car in employee parking lot at work and a company owned tree fell on it.

    I was told "get a couple of estimates and I will be paid directly for it" by my department head.

    Next day I was told I needed 3 estimates for the company to review. I have provided them with 3 estimates, $800, $900, $1000.

    Now I have been informed that the company will not cut me a check. It seems like they are going to tell me to go get it fixed then bring them the bill.

    The company has a $1000 dollar deductible on their insurance so they are going to pay it without making a claim.

    My car is 16 years old and nothing special so I would rather not get it repaired. the paint is faded and the new fender is not going to match. If this was a regular car to car accident I would just deposit the check in the bank and not bother with repairs.

    But I am aggravated that the company is going to limit my choices on this. either get it fixed or no check. I do not even like the idea that I am forced to pay out first then get reimbursed.

    Can the company limit my choices like that? Legally? If they want to negotiate the price that would be one thing but just cutting off my options? I dunno.

    As far as I know I do not have to fix the car and I probably do not even have to state that I will or will not fix the car. I feel like going around them and calling their insurance company directly and trying to push a claim through if I can.

    Can the company legally force me to fix the car to get a check?

    State of Georgia.
    Last edited by akula; 10-03-2016 at 04:42 PM.

  2. #2
    Junior Member
    Join Date
    May 2008
    Posts
    6

    Default

    I would like to add...the company i work for does not own the property, rather it rents from a subsidiary of my company that is owned by the company I work for.

    And the company lawyer for them is the same for both...shell corp of sorts. I suppose this could could be a monkey wrench in my claim? And the company lawyer is the VP of my department so ultimately my boss.

    I will need something specific to argue with him over since he is a lawyer.

    Would have to claim against the property owner than. Not the company I work for technically.

  3. #3
    Senior Member
    Join Date
    Jul 2006
    Posts
    1,901

    Default

    If you file a claim directly with the insurance company, you may not get the repair cost. A 16 year old car, depending on condition, may not be worth even $800.

  4. #4
    Junior Member
    Join Date
    May 2008
    Posts
    6

    Default

    Right but when I do that , which is what they are trying to avoid, is the only way they can deny the claim would be to say it did not happen?

    They do not want to claim on their insurance due to estimate being close to their deductible.

    I do not mind trying to go around them as the situation is they are going to tell me to get it fixed first with my cash then they will repay.

  5. #5
    Super Moderator
    Join Date
    May 2005
    Location
    Massachusetts
    Posts
    38,394

    Default

    If the employer does not own the property, why do you believe they are responsible?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

  6. #6
    Senior Member
    Join Date
    Jul 2006
    Posts
    1,901

    Default

    Quote Originally Posted by akula View Post
    Right but when I do that , which is what they are trying to avoid, is the only way they can deny the claim would be to say it did not happen?

    They do not want to claim on their insurance due to estimate being close to their deductible.

    I do not mind trying to go around them as the situation is they are going to tell me to get it fixed first with my cash then they will repay.
    It depends on the condition of the tree. If the owner knew it was rotted and in bad shape, then your claim may be valid. If the tree was healthy and something like a high wind broke it, it may be deemed an act of God and there is no coverage for that.

  7. #7
    Moderator
    Join Date
    Jan 2006
    Location
    MD
    Posts
    15,050

    Default

    It is unlikely in the extreme the company or their insurance company is legally liable. The actual owner of the property *might* be but only if there was negligence such as the tree was known to be a danger. If the company is willing to pay for the actual repairs, they are just being generous. If you prefer to just buy a new car, do not look for your employer to subsidize your purchase. If the employer wants to only reimburse actual expenses, they certainly may do so.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

  8. #8
    Super Moderator
    Join Date
    Jun 2006
    Location
    California
    Posts
    12,741

    Default

    Note to ShiningStar. Site rules do not allow referrals to attorneys (or ads implied by the post), which is why your post was deleted. You can send the specific poster a private message if you wish.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

Similar Threads

  1. Replies: 2
    Last Post: 06-23-2006, 03:02 PM
  2. Replies: 3
    Last Post: 03-05-2006, 10:06 AM
  3. Replies: 1
    Last Post: 04-15-2005, 09:01 PM
  4. Replies: 1
    Last Post: 04-15-2005, 08:04 PM
  5. towing company damaged car in MA
    By Rob in forum Small Claim Court
    Replies: 0
    Last Post: 03-29-2005, 01:17 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •