- 736
Here's the scenario;
Carwash shop, they drive the car in and drive the car out to the hand drying station. The drying station is still on premise; its right outside the exit with vacuums and cleaning supplies. The attendant forgot to "park" and exited the vehicle. The car went down the ramp into the street and crashed into a school bus and another parked car.
Whose fault is this? Employee of Company had care custody and control of the car. Police report and the employee say it was the employee negligence.
Now when the claimant goes to file a claim with the car wash insurance carrier, they decline the claim stating they only have "garage" insurance.
Wouldnt garagekeeper cover this even if it is legal liability only (since 100% employee negligence) Claim adjuster say the car washer has no coverage for this type of accident.
Can it be possible that he only had GL? but they called it garage liability?
What is the plan of action here? Carrier already issued a formal claim denial letter.
attempt to recover from company owner?
attempt to recover from employee?
sue the company?
SOL?
recover from own's car insurance?
Carwash shop, they drive the car in and drive the car out to the hand drying station. The drying station is still on premise; its right outside the exit with vacuums and cleaning supplies. The attendant forgot to "park" and exited the vehicle. The car went down the ramp into the street and crashed into a school bus and another parked car.
Whose fault is this? Employee of Company had care custody and control of the car. Police report and the employee say it was the employee negligence.
Now when the claimant goes to file a claim with the car wash insurance carrier, they decline the claim stating they only have "garage" insurance.
Wouldnt garagekeeper cover this even if it is legal liability only (since 100% employee negligence) Claim adjuster say the car washer has no coverage for this type of accident.
Can it be possible that he only had GL? but they called it garage liability?
What is the plan of action here? Carrier already issued a formal claim denial letter.
attempt to recover from company owner?
attempt to recover from employee?
sue the company?
SOL?
recover from own's car insurance?