Legal Question in Insurance Law in North Carolina

I have received a phone call from an Insurance company that has threatened to sue me for $1009.00 in damages that were done to a vehicle belonging to their customer - if I do not pay it.

The damage is said to have occured at my business while I was out of town and is said to have been done by a Mexican who was working here for 1 day as contract labor. They are claiming that the Mexican hit their customers pick up truck with a tractor and caused the damage. I have seen the truck and the damage is very mimimum at best. Is the Mexican responsible for the accident or am I responsible for the accident. I did not see it happen nor did anyone else at the business other than the guy in the truck and maybe the Mexican (who has long been gone).

Thank you

Asked on 7/28/10, 12:37 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

It's not an either-or situation. If your laborer caused the damage while acting within the course and scope of his duties, then he is personally liable and the business is liable under the legal doctrine of respondeat superior. The plaintiff and/or his insurer can sue either or both of you. If he gets a judgment against both of you, he can choose to enforce it against your business.

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Answered on 8/02/10, 12:51 pm

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