Auto Mech. Shop W/ No Liabilty Insurance??!!

[rachellew1]

What is the name of your state? CALIFORNIA
CONFUSED AND TRYING TO HELP A FRIEND..
HE'S AN EX FELON..TRYING TO DO THE 'RIGHT THING'..I FEEL HE IS BEING TAKEN ADVANTAGE OF..PLACE HE WORKS 6 DAYS 60 HRS ++ A WEEK..HAS NO INSURANCE FOR DAMAGE TO AUTO'S!! INSANE I KNOW..SO HE IS BEING HELD RESPONSIBLE FOR OVER $20,000 IN DAMAGES ...WHEN CARS' HE WAS TOLD TO MOVE ETAL WENT AWRY. ONE SUCH INCIDENT HAS A POLICE REPORT BACKING HIS STORY.
IS HE LIABLE??
THANKS SO MUCH
WITH LOVE, LIGHT AND LAUGHTER
RA

 

[spawn_x]

"WHEN CARS' HE WAS TOLD TO MOVE ETAL WENT AWRY. "

what the Heck are you trying to say?

explain in a little more detail exactly what he's being held liable for.. is the 20 grand for just one vehicle? several?

need more details.

 

[rachellew1]

HEY THANKS FOR THE EXPEDIENT REPLY..DIDN'T KNOW HOW VERBOSE ONE CLD BE HERE...STILL A' VIRGIN' TO THIS SORTA THANG...JUST FIGURED OUT HOW TO REPLY AFTER A BIT OF SORTING THRU...
ANYWAAYY..IT IS SORTA CONVOLUTED..BUT MY FRIEND..WHO , BTW, IS NO LONGER ON PAROLE OR ANYTHING...HE'S A HARD WORKER AND VERY HONEST...BUT..AS AN EX-FELON, 45, TRYING TO 'MAKE GOOD'...THERE AIN'T TOO MANY OPTIONS. SO HE'S DOING THIS AUTO MECHANIC GIG AT HIS WX-BRO-IN-LAWS SHOP..WHO I FEEL IS A 'SKEEVOLA'..HE ONLY HAS BASIC LIABILITY INS...RIDUCULOUS FOR AN AUTO REPAIR SHOP THAT ALSO SPECIALIZES IN 'CLASSICS' ETAL.
THUS..HE IS HOLDING 'K' RESPONSIBLE FOR DAMAGES INCURRED BY 'K' WILE DOING HIS BOSSES BIDDING.
ONE OF THE CARS HAPPEN TO BE A 'CLASSIC'...HIS BOSS ESTIMATES THE DAMAGE @25,000!! AND THEN THERE WERE 2 MORE, LESS INTENSE, WHERE THE BRAKES FAILED.
NOW, FROM WHAT I CAN GARNER HERE...IT'S NOT HIS BIZ...HIS NAME IS NOWHERE...HE BARELY GETS A SALARY...
(GETS ROOM AND BOARD - OF SORTS..IN A SPIFFY LAGUNA COMPLEX)
NO INSURANCE...ANDON TOP OF ALL THAT...HIS 'BOSS' IS HOLDING HIM LIABLE FOR DAMAGES BECAUSE HE'S TOO CHEAP TO GET PROPER INSURANCE??!! THIS IS A BIZ LISTED ON VARIOUS WEB SITES...LONGSTANDING AND WELL KNOW IN S.JUAN CAP.
OF COURSE 'K' FEELS HE HAS NO OPTIONS DUE TO HIS BACKGROUND..BUT FROM WHAT I KNOW..HE'S WELL LIKED AND WORKS HARD LONG 6 DAY WEEKS.
I AM TRYING TO HELP HIM SORT ALL THIS OUT ON MY END..RE: FIGURING OUT THE #'S......HIS RIGHTS ..OPTIONS ETAL.

THANKS AGAIN..
W/ LOVE, LIGHT AND LAUGHTER
R

 

[spawn_x]

Type in lower case letters. I'll be nice enough to reply anyway..

So if I understand this is the situation: he is working for someone, and while working for them he screws up on a customer's car and the boss is holding him responsible?

is he hired as a contractor and is there a contract?

owner can't blame the worker for damaging something unless its maybe a contractor.. well he can, but it won't stand up in court.

i wouldn't worry about it. tell him to find another job and not confront that guy on his own.. i'm willing to bet that he won't do a thing about it.

 

[rachellew1]

hey there...thanks ...

I'm not a great typist..better now tho...all this E stuff... so I often use the comic sans all small caps font....for ease...

anyway...yes..that's it...the 3 or 4 cars that K damaged ..were cars that were in the shop for repairs...K often has to move/park them for one reason or another...not always knowing what the car is 'in for'.
sooo...since this Person refuses to do the right thang by purchasing the necessary insurance...he's using K as the 'fall man'.

re: new job..I'm trying to help him w/ that..the problem is 'his past' and lack of viable refs/sources that would satisfy a prospective employer.

nonetheless...you've been very helpful...I do appreciate it....
I'm wondering if you cld share some of yr sources..it always helps to have 'black and white proof' . am I being too bold here ?? if so....please forgive me and forget the request..

xo R

 

[rachellew1]

PS...no..there's nothing 'on paper' between K and His Boss...no contract....nothing.

xo R

 

[spawn_x]

then again, as long as he is not a contractor or a 3rd party i don't see how he could be found liable for the damages, I'm hoping someone will chime in and back that up with a law..

also, how did he manage to hit 3-4 cars while moving them??? Sounds a bit odd.

 

[rachellew1]

hey there...yr a sweetie...really...yeh..I'd really like to know The Law re: Liabililty...Workers Rights etal...tho I'm quite a sourcer..sorcerer Whatevah... Law ain't never been my 1st love...
however..if ya had any Helpful Hints...I'd surely check em out...wasn't sure exactly Where to post this...Employment/Insurance or Auto...my Gut feeling...The owner of the shop ...the person who Should be fully insured..and who's name is on All the Biz Paperwork...would logically be The One Responsible...no matter What or Who he'd rather see pay ..

But...ya gotta have Proof ..esp where the Law is concerned...that we know...

RE: K and the 3 or 4 cars...from what I 'know'...
and from seeing his workplace...it's kinda chaotic...and very busy...lotsa cars here and there...he is responsible for parking them...moving them etc...whenever necessary and for whatever reason.
So..4 example...in 1 instance...he was backing up and the cars' brakes went/slipped whatever they do....I mean the cars are in there to be repaired...and the owner seems to be Gone a good % of the time..leaving K and the other mechanic in charge...I can only assume that he isn't always on top of /informed re: the stats on every car he's dealing with...thus...Accidents will occur.
However...re: The Classic and the $20,000 in damages...That's in his lap...
muy stupido...he took it out one eve to get cigs...
went straight into a police car!!
anyway...it's all documented...backing K's story....but it never shlda left the shop.

again..thanks ...

xo R

 

[spawn_x]

he took a customer's car out for a drive to get ciggs? well that changes the story around..

i believe he would be found guilty if this went to court, not much advice there.