Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
Good morning, I am Loren, a licensed attorney, and I look forward to assisting you.
How old was the vehicle? Is the insurance company offer reasonable in light of the current value?
Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
While you may not be entitled to the price of a 2015 Accura, the insurance company is only required to replace the value of the vehicle as it was at the time of the loss. However, that does not mean you have to accept the first offer from your insurance company. All policies contain a provision for disputing or appealing the adjuster's opinion of the value of the loss. It usually involves arbitration, but it often results in the insurance company providing more money or finding a way to provide more money.
Do check the policy and make sure to follow to the letter the procedure outlined in the policy, as missing a notice, for example can prejudice your rights.
The employer would not, unless otherwise agree or unless you were hit by a fellow employee, be liable for the loss.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Thank you for understanding.
The concept you refer to is called "respondeat superior" and provides that an employer can be held responsible for the damages stemming from an employee's negligence. It does not mean that your employer is liable for every loss that happens to you between 9 and 5 pm. So, unless the driver who hit you also worked for your employer, respondeat superior does not really apply.
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Posted in error.