By Lauren Fix, The Car Coach
On March 13, 2020, a customer needed an oil change and tire rotation so he took this car to the dealership for routine maintenance. While he was waiting, a 19-year-old mechanic with no driver’s license was working on the vehicle when something terrible happened.
This is more than a tragic story, it’s an important lesson for all drivers in every state.
After the service was complete, the dealer mechanic attempted to start the car when suddenly it “lurched forward” crushing a 42-year-old mechanic against a cabinet, court records show. That mechanic passed away. The dealer mechanic didn’t have a license, and the vehicle owner wasn’t behind the wheel. Now that owner is being sued.
Why are you responsible for another person’s negligence?
What happened is tragic, but how can you be involved in a lawsuit involving your vehicle if you weren’t even there?
Next time you drop your car off for repair, loan a car to a friend or hand your keys to a valet, you need to know the law and how you could be involved in a legal action like this one.
Please listen to the facts–it might surprise you! Attorney Christopher Saeli explains:
“First and foremost, this does vary by state. But in most cases, worker’s compensation laws prevent an employee from suing an employer for negligence. Worker’s compensation is designed to be the employee’s only remedy for on-the-job negligence.
In this case, the victim’s family cannot sue the dealership directly because the worker’s compensation is the sole remedy, so the victim’s family is suing the owner via a tort law theory known as vicarious liability theory. In short, whenever you lend your vehicle to someone: a friend, a dealership, a valet at a restaurant even, and you create an agency relationship whereby you are entrusting that person with your vehicle and are responsible for their actions with your vehicle.
‘Vicarious liability’ theory and worker’s compensation laws vary by state but generally allow the owner of a vehicle to be named in a lawsuit even if they weren’t operating the vehicle at the time of injury, so long as they entrusted the vehicle to someone willingly. In short, the Michigan man will be okay because he can commence a third-party action against the dealership or a separate action against the dealership for indemnification or negligence, in which case the dealer’s insurance company would have to pay up. But think twice the next time you give your car keys to anyone!”
The Bottom Line
Next time you lend a car to a friend, hand your keys to the valet, or drop your car off at the repair shop or dealer; you assume a certain portion of the risk. Make sure you have the proper insurance.
There is so much more to discuss on this, put your comments below and let’s start the conversation.
Lauren is the CEO of Automotive Aspects and the Editor-in-Chief of Car Coach Reports, a global automotive news outlet. She is an automotive contributor to national and local television news shows, including Fox News, Fox Business, CNN International, The Weather Channel, Inside Edition, Local Now News, Community Digital News, and more. Lauren also co-hosts a regular show on ABC.com with Paul Brian called “His Turn – Her Turn” and hosts regular radio segments on USA Radio – DayBreak.
Lauren is honored to be inducted into the Women’s Transportation Hall of Fame and a Board Member of the Buffalo Motorcar Museum and Juror / President for the North American Car, Utility & Truck of the Year Awards.
Check her out on Twitter and Instagram @LaurenFix.
