Q: My car has been hit by a employee of the carpark. I also have suffered some damage. Need legal advice.

On my way to work i parked my car owned by secure carpark. When i returned i saw that a tow truck hit my car and while i was approching the front office i got struck by the tow truck as well. The tow truck was driven by the employee of the car park. I need some advice on what action can i take against secure carpark.

3 Lawyer Answers

A: Secure Carpark, like any employer, is responsible for the careless acts of its employees while they are doing their job. So, if there was damage to your car and to you personally from the actions of the tow truck driver, Secure Carpark should be expected to compensate you. Depending on what state you are in, whether you were in the vehicle and other considerations, there might be variations on your rights because of the different insurance schemes in each state. Also, Secure Carpark might attempt to rely on the terms of any contract you entered in connection with parking at their facility. Again, whether those terms are valid and enforceable varies from state to state. You should compile proof of your damages, present it to them and demand a payments. If the damages are serious, it would be wise to retain a lawyer to help you.

Michael H. Joseph
PREMIUM
Michael H. Joseph
Answered
  • Personal Injury Lawyer
  • White Plains, NY

A: Assuming your accident occurred in New York you need to file a no fault application with the tow truck drivers insurance company for them to pay your medical bills. Also if you haven't already done so you should get a police report documenting what happened. You can negotiate a property damage settlement with the trucks insurance carrier but if you were injured you should retain a lawyer as soon as possible

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Contact a member of the Trial Lawyers Assn for the state where this happened. They give free consultations. You have significant injuries but given the liklihood of medical liens, future medical expenses and a commercial policy this is not d.i.y. time.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.