I work at a bar, where my car was parked in the very front of the bar. One of the patrons was asked to leave and a fight ensued involving security, right in front of my car. The drunk patron kicked my car causing over $2000 in damages. He was arrested for vandalism as I pressed charges. My employer advised that I shouldn't have pressed charges and that its "just a car" and no big deal. Its a brand new car, so the damages are expensive. I did open a claim. and plan to go thru my insurance. But my question is whether my job is responsible under any premise liability for the damages. Because now I have to pay my $1000 deductible for something that's "no big deal" to my employer.
You may be able to get restitution for the damage to car through the criminal justice system, including your deductible and damages.
The individual who was arrested will likely be charged with a misdemeanor crime. If you contact the DA's office and turn in your damages, the defendant will be ordered to pay those damages as restitution. Contact the local courthouse where you work and ask for the DA's number.
I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
I agree with the other attorneys. You should contact the DA's office and find out about how your damages can be included in the restitution the court orders. You may want to speak with an attorney to determine if security should have controlled the guy differently so that your car was not damaged. You may be able to seek some redress from your employer or from the security company, if they are not the same. However, if your employer already told you that should not have pressed charges they may not be supportive of you, if you want them to pay you for the damages to your car. This is really a property damage question and possibly a employment law question. Good luck.
This answer is a general answer and should not be considered legal advice. Supplying this information has not created an attorney-client relationship and since this is an open forum there is no attorney client privileged.
You can always sue your employer and allege inadequate security measures and over serving the clientele (negligence). But suing your employer may make for unemployment. If the guy was prosecuted and either pleaded guilty or convicted by a jury, they should order criminal restitution for your full damages, not just your deductible. The law allows you to double dip in these instances as restitution is also considered part punitive. Call the prosecutor's office to look this case up and see if they filed. If so make sure that the Judge and the DA know that you want restitution ordered. You will have to bring proof of estimates eventually. If they fail to file criminal charges you can alway sue the drunk yourself in Small claims.
I agree with the other attorneys that suggest pursuing your damages through a restitution order. This order will have teeth in that it is generally required to be pain before the end of probation and is non-dischargeable in bankruptcy court.
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