My car was damaged by paint overspray at my job. Shouldn't my boss or his insurance be liable?

Question

He would not pay or file on his insurance so I filed on my insurance. He told me that if my insurance tries to make him pay he wil fight it. Shouldn't he be liable?

Answer 1

Did he paint the car?  Whoever did the painting, it should be covered under their liability policy.  Your insurance is going to go after the painter.   It doesn't matter if he puts a claim in or not, they'll take the painter to court & get the judgement.

If it was a neighbor business painting, then no, he's not going to be responsible for it.  There's no automatic liabilty for him, just because you work there - or because your car is parked in his lot.

Answer 2

It was his or his workers fault. He is responsible.

Answer 3

take him to small claims court! bet he pays before the court date plus ct cost!

Answer 4

I saw a case like this on a  Judge "somebody" show not too long ago.

In this case, a lot depended on if the car was parked in an approved area or not.  

Better seak legal advise.

Answer 5

This happened at work,well if I am right I think he is  liable and the company is to have to pay.We just did 50 or more cars last year for the same reason as yours.I work at a body shop and we had to get the over spray off all the cars.I would make a call to your Inc company and ask them,Because if your boss makes you pay you are the one who has to pay your deductible not him.

Answer 6

Sounds like a good claim to me.  Let your insurance company fight it.  They have the right to subrogate and go after the responsbile party -- your boss's company.  You don't have any control over that.  Just ask your claims adjuster to try to get your deductible back, too.