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Who is liable?

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#1
California-

I was at work and my employer informed me that a lightpost blew over and landed on my car. I filed a claim with my insurance with pictures of everything, including the rusty bottom of the light post. I did NOT file a police report and was paid out by my insurance to get repairs done since I’m covered under comprehensive. I asked about my deductible and if my employer would be responsible (since they own the lot) and now that’s in subrogation. Will I be reimbursed my deductible? My HR Manager advises me to wait on getting repairs done until their insurance makes a decision. My insurance gave me the green light to get repairs and already paid me out (minus my deductible). What should I do? Who is liable for my deductible?
 


#2
You should get your car fixed. You are going to do so no matter who pays the deductible. Your insurance is attempting to subrogate the claim against your employer. If they are successful the employer's insurance carrier will likely pay 100% of the cost and pay back your carrier and you.
 

Zigner

Senior Member, Non-Attorney
#3
Please keep in mind that, with the high winds lately, it's entirely possible that this will be deemed an act of God, for which the employer is not liable.
 
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