Rear-ended by Delivery Driver.

[Serp]

What is the name of your state (only U.S. law)? Indiana.

I was driving and pulled up to a stop light and stopped, the driver behind me didn't even hit his breaks and totaled my back end. It was completely his fault and it was found as his fault no contest since he didn't maintain a safe driving distance and failed to stop at a red light and wasn't even watching the road.

My question is: Can I take legal action against the company he works for?

It's a sandwich delivery service and he was using his own vehicle.

 

[Sgt. Pepper]

What is the name of your state (only U.S. law)? Indiana.

I was driving and pulled up to a stop light and stopped, the driver behind me didn't even hit his breaks and totaled my back end. It was completely his fault and it was found as his fault no contest since he didn't maintain a safe driving distance and failed to stop at a red light and wasn't even watching the road.

My question is: Can I take legal action against the company he works for?

It's a sandwich delivery service and he was using his own vehicle.

Shall we assume that the driver was delivering sandwiches for his employer at the time?

 

[Serp]

Shall we assume that the driver was delivering sandwiches for his employer at the time?

He was clocked in with the sign on his car. Technically I believe he was on a return trip. He had already made the delivery and was on the way back to the shop.

But he was in full uniform and had the sign on his car and everything and was on the clock and working.

 

[Zigner]

He was clocked in with the sign on his car. Technically I believe he was on a return trip. He had already made the delivery and was on the way back to the shop.

But he was in full uniform and had the sign on his car and everything and was on the clock and working.

Sue them both...or, even better...let your insurance handle it.

 

[Sgt. Pepper]

He was clocked in with the sign on his car. Technically I believe he was on a return trip. He had already made the delivery and was on the way back to the shop.

But he was in full uniform and had the sign on his car and everything and was on the clock and working.

Then the employer is probably liable. If you do need to handle this yourself via a lawsuit, then I agree that you should sue both the driver and his employer.

 

[Serp]

Then the employer is probably liable. If you do need to handle this yourself via a lawsuit, then I agree that you should sue both the driver and his employer.

Well we both had insurance, and he was found at fault. The only problem is that the insurance company is going to total it. I'd rather have my car fixed, but they won't pay enough to have it fixed so I'll need more money, and since he's at fault I just feel he should be the one to pay for it. Not to mention he's an underhanded liar and should have to pay for it anyway.

Nobody was injured that I know of yet, might be some aches and pains later, but nothing serious, so it's not a medical issue, just want my car paid for instead of demolished.

 

[ecmst12]

Regardless of whether it's the employer or the driver, you are ONLY owed the fair market value of your vehicle, or the repair cost, WHICHEVER IS LESS. If your car is a total loss, then the value is all you get, period.

 

[InsaneJane]

What type of car is it? And why do you think you deserve more?
They are responsible for the damage to your care minus wear and tear on items like tires... or the can buy your car at fair market value (replacement cost). They are also responsible for rental charges why you wait for them to have your car fixed or make a reasonable settlement. In some states they are also responsible for the rental for a few days extra if they tottle it out. So you can get a new one.
You may want to find your own adjuster that may show a high enough price. Also, you may have made many investments in this vehicle that may make it worth more than someone in your area selling the same make and model because something is wrong with it.
If you do not want to give up your car, than don't.
Good luck.

 

[ecmst12]

Fair market value =/= replacement cost.

 

[Serp]

Regardless of whether it's the employer or the driver, you are ONLY owed the fair market value of your vehicle, or the repair cost, WHICHEVER IS LESS. If your car is a total loss, then the value is all you get, period.

It's just frustrating that some little ******* who can't drive can rear end me and then I lose my car. I could understand if there was a patch of ice and it was an honest accident, but he even admitted to the police officer that he wasn't watching the road. He admitted to being a terrible driver and hitting me on his own fault with no outside influence except maybe he saw something shiny. It just feels like he should be forced to pay to repair my car if I choose to keep it, it's only fair.

 

[InsaneJane]

Fair market value =/= replacement cost.

No. Not always.
We need to know the year , make, model, condition, and what records are availible.

 

[ecmst12]

It's only fair that he pay for the property that he damaged. If your car wasn't worth much, he shouldn't have to pay more then it's worth. That's how tort law works. He only has to make you whole, not BETTER then whole.

 

[Serp]

It's only fair that he pay for the property that he damaged. If your car wasn't worth much, he shouldn't have to pay more then it's worth. That's how tort law works. He only has to make you whole, not BETTER then whole.

That's logically flawed, just so you know.

 

[ecmst12]

It's actually not, but it doesn't matter, the law does not have to be logical.