Legal Question in Business Law in California

Re: Employee neligence

You stated in your question that the leasing company hooked it up, so it seems rather self-serving for the insurance company to say there is "no evidence of employee negligence". You also didn't say which insurance company, yours or theirs? As a motor vehicle operator, you certainly do have a duty to inspect it yourself. So, this is a situation where a court could find both the company and you to have been negligent, leading to a "comparative negligence" situation where the court apportions fault between the parties, and award you only a percentage of the loss based on their percentage of fault. In addition, you might consider filing a written objection with the insurance company stating they ignored the stated fact that the employee hooked it up. You should also file a claim with both your own insurance carrier (if you have collision and comprehensive) as well as the company's, in addition to bringing a small claim. It is also possible the hitching mechanism was defective, which if it were could greatly increase their potential exposure, but you didn't say whether you were able to correctly re-connect it.

Wayne Wisong

Member California Bar

Member Georgia Bar

Re: Employee neligence

Q: What should I ask for in small claims court?

A: $924.30.

Re: Employee neligence

It sounds like the trailer was hitched incorrectly and that there was nothing wrong with the trailer itself. Did the rental agency hitch it to your car or did you? If you did it, do you believe the agency was supposed to do it instead?

In order to win your case, you need to show that the damage was the agency's fault. If all they agreed to do was let you use their trailer and then you used it incorrectly, the resulting damage is your fault and not theirs. If they hitched the trailer negligently or failed to perform a task they were required to perform, then it is their fault.

You cannot be represented by a lawyer in small claims court, but you can consult with one beforehand if you want. How you would pay for her services is something you and she will need to work out between yourselves.

If you win, you would be entitled to recover the amount of damage you sustained as long as your loss was reasonably foreseeable. The cost of repairing your car is recoverable, but "aggravation" is not. You would not be able any recover any legal fees you pay unless your rental agreement says you can. (If the agreement says that and you lose, you may have to pay the agency's legal bills.)

I don't see why you would be entitled to lost wages. If you mean wages to compensate you for the work you miss while going to court, then you can't recover them.