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My vehicle was vandalized at my place of employment in their parking lot, while clocked in.

New Port Richey, FL |

A police report was filed. My company instructed me to obtain two quotes. I did this. One for $1100 and the other for $1030. They stated they would take care of the damage. Now they want me to find out what my deductible is through my insurance company. They indicated they would pay the deductible. I do not want my insurance company involved, as my rates could go up. Isn't the company liable in full for the repair of my totally scratched up left side of my car? That's question one. Question two, is if they deny my claim, can I win in small claims court? Company is a 500+ convenience store chain.

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Attorney answers 1


Generally people are not liable for the criminal acts of others. I had a similar thing happen years ago and my company wanted to do the same thing. I told them what you just said bout not wanting my insurance rates to go up, and they agreed to pay the whole thing. Your company's insurance policy likel has a deductible far over the $1,000 price tag, so they will be paying the whole thing out of the bottom line.

The better question of whether you CAN win in small claims court is, do you WANT to win in small claims. For sake of argument, I will assume that you have a $500 deductible. Do you really want to sue your employer over $600? If you do, what is the chance that they find a reason to eliminate you or your job?

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