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.
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.
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
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