QUESTION

Is there any liability on the dealership if they let an employee use a car and drive drunk?

Asked on Jan 17th, 2014 on Personal Injury - California
More details to this question:
Our parked car was hit by a drunk driver (no one was hurt). The driver of the car did stop and the police were called. The driver was arrested for a DUI and possession of marijuana. The car he was driving was from the dealership he worked at (we do not know under what circumstances he was allowed to use the car.) Our car is totaled and the dealership's insurance company has offered us a lump sum for our car, but we want to know what are options are (if any). Do we have any leverage with the dealership if we wanted to buy a car from them? Can we negotiate for additional money if there is only property damage (no injury) or if this sum of money they offer final?
Report Abuse

9 ANSWERS

Ronald A. Steinberg
Absolutely. The vehicle was driven with permission from the owner, so drunk or sober, the owner is responsible for damages.
Answered on Feb 10th, 2014 at 11:15 AM

Report Abuse
Car/Auto Accident Attorney serving Hacienda Heights, CA at Gary Lee Platt
Update Your Profile
First, regardless of the fact that the driver of the car which damaged yours was drunk, there appears to be no question that he was at fault. Since the car was parked and nobody was injured, the only damages you can recover are for the repair of the car IF it can be repaired, for the reasonable value of the car given its condition at the time of the accident if it cannot be repaired, and loss of use of the vehicle from the date of the accident until the date a reasonable offer of compensation is given. The only real question, here, is whether the insurance company offered you a reasonable amount for your totaled car. You can find out what the reasonable value of your car is by going online to Kelley Blue Book's website and entering the make, model, mileage, and all other details about your car. KBB will give you the car's wholesale and retail values. Unless the amount you were offered is very much less than what KBB says it is, you should accept their offer. As for any other "leverage" with the dealership, you don't really have any, but if the dealer offers to make a deal with you on a new car, although it's unlikely they will do so, you can certainly negotiate with them. However, do NOT assume that just because their employee totaled your car they will be generous with you.
Answered on Jan 20th, 2014 at 5:28 PM

Report Abuse
Thomas Edward Gates
They generally will offer the book value of the vehicle. If you can show that it was in excellent shape, you just bought new tires or had major work down, you can possibly receive an additional amount. You can try to negotiate purchasing a vehicle from the dealership as an option for the money offered.
Answered on Jan 20th, 2014 at 5:27 PM

Report Abuse
You can negotiate the value of the damaged car. If no injuries the insurance company will not pay anything over the value of car.
Answered on Jan 20th, 2014 at 5:27 PM

Report Abuse
James Eugene Hasser
Yes, there is potential liability for punitive (punishment) damages if you can prove they knew or should have known he was impaired. Otherwise, in Alabama, the most they would owe would be the value of the car immediately before the accident. Good luck.
Answered on Jan 20th, 2014 at 5:26 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
See an attorney, but generally will only be reimbursed for the loss which is the actual market value of the car which was destroyed.
Answered on Jan 20th, 2014 at 5:26 PM

Report Abuse
Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
Update Your Profile
Yes, you have leverage with the dealership. If you can prove they let their employee drive their vehicle while he was intoxicated, in addition to the damages you can get for the damage to your car, you can get punitive damages against the dealership. In order to get punitive damages, you do not have to have suffered personal injury.
Answered on Jan 20th, 2014 at 5:25 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
You are entitled to the fair market value of your car, not a dime more. They may give you a price break to get rid of you as a nuisance but they don't owe other than the FMV. In other words you can't blackmail them. They and their insurance co know that. Just make sure you know the value of your car before you strike a deal. Check every possible source. Insurance companies like to cheat you a few bucks on all such deals so they almost always play low ball. Don't play low ball. Play high ball and see what you can do to up the ante.
Answered on Jan 20th, 2014 at 5:25 PM

Report Abuse
Edwin K. Niles
Generally, insurance cos. base property damage claims on the sales of similar cars. Ask to see their comps.
Answered on Jan 20th, 2014 at 5:23 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters