I work for a hotel in St. Louis Mo, and although there is nothing marked are saying employee parking, they have informed us that we have to park in the back of the hotel near the loading dock and if nothing is there to park on the hill behind the hotel, however when the hotel is full are an event is going on anybody can park in the area that we are told to park and you can park there no matter what, my car was hit while I was working one night and the position that they have taken is, that they are not at fault because they don't have camera's back in the back were we were told to park, I informed them that I was not comfortable with parking in the area if in fact they have nothing in place to try to protect my car are anyone else's for that matter, and yet I was told by management that I have to park in that area regardless as to what I feel, are they right are do I have some recourse in this situation, because in order to get this fix I will have to involve my insurance company and I know my rates will go up behind this, what can I do?
Did your employer damage the vehicle? No, so you cannot hold them liable. As to your insurance rates going up that is not accurate as they have no basis for rate increase in a MVA in which you were not responsible.
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While your employer did not directly cause the damage, they may have contributed to cause the damage if they failed to adequately and properly manage or supervise the area where employees are required to park. If your employer owns and/or controls that parking lot, you should try to submit a claim through their premises liability insurance policy. If they won't cooperate, you could make a claim through your own car insurance and then let your car insurance company puruse recovery from your employer's premises liability insurer through inter-company arbitration. If your rates go up, just switch insurance companies. The insurance companies won't be loyal to you, so you don't need to be loyal to them. There is always another insurance company ready to offer you a better deal to take your premiums.
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Notwithstanding that your employer restricted parking for employees to a certain area (also used by third parties) , your employer is not liable for the damage you suffered for that reason alone. You would have to prove that your employer, and/or an employee actually doing something in the course of employment, negligently caused the damage. Put the claim through your own insurance. Since this was essentially a hit and run, your rates should not change, at least not because of the happening of this event. If the carrier tries, then shop around for a different one.
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