Picking legal brains

Apologies, this is not property related
Do companies such as Office Works carry insurance for employees who damage customers car?
An employee of Office Works broke my tail light when he was putting a filing cabinet in the trunk of my car - it was an accident but am meeting a brick wall [as is NRMA] in getting them to admit fault.

 

How are you trying to get them to admit fault exactly?

If push comes to shove, a court order might do the trick.

 

Yes.

Would you sue over it - No.

Chase manager of store and if not manager then send a letter of demand to head office.

I would bet if you were happy to take the amount in office works supplies (particularly higher margin non-technology stuff) then the manager may be able to resolve more easily.

For a lawyer to get involved we have a duty to perform our work to a court standard. That means for a lawyer to write your letter of demand it takes time. Our costs to run a practice are expensive also. A 1st year to do a letter of demand (or pretty much any other work) needs to bill $550 to make it commercially worthwhile.

Contesting in court (represented) would need to be really simple for anything under $20k.

 

Admission of fault voids the insurance.

 

Resolve it on a without prejudice basis.
What's the cost to repair the damage to your car?
Avoid court if possible.

 

Just wanted to know if employees are covered by company insurance for their actions re customers. Got no intention of going to court - unfortunately the whole tail light assembly has to be replaced and if necessary I will pay my excess of $700.

 

You're thinking about it all wrong. Whether or not they are covered by insurance is an issue for the company and doesn't affect your legal rights.

The real question is whether a company is liable for the negligence of their employees. And generally speaking, they are.

 

Got it! Thanks ...

 

@thatbum is correct. I doubt it's worth involving your insurer, and it's not like a motor vehicle claim involving another driver, which is why you're thinking about it wrong.

Write a letter to the manager of that store, including the name of the employee, the time it happened, photos of the damage, and quotes for repair. State that as the damage was a result of the employee's negligence in the course of his employment, you understand that legally Officeworks are responsible for the cost of the repairs.

Polite and straightforward.

 

If they don't respond well to that, then you file a claim at the state tribunal for small claims / consumer debts.

 

Employee acts while conducting work affairs of their employer may mean the employer has liability. You can identify employee and they will agree ? Otherwise kid says - I didnt do that.

Many employers dont allow out of store assistance for this reason. Poor kid is going to find out from HR that Officeworks have a policy on this and a reminder why their delivery service is a free customer service.

 

I might just stick the broken bit back on the tail light

 

Is it just the red plastic cover? You might be able to get a generic replacement and DIY.

 

I wouldn't even know where to begin - I just drive it! but will go down to the local auto store and see if its possible, thanks for the suggestion.

 

All great suggestions above. I would start by ringing head office and insisting on speaking with the HR Manager and then telling them you will email with details, ask for a reply withing the week. Clearly Officeworks should pay the excess for the accident. They would have some kind of insurance to cover this e.g. public liability but the employee should not be the one paying out for it.

 

It seems to me that they are paying with bad PR anyway!

 

I expect if the cover can be replaced, it will be a lot cheaper than the excess.

I had the whole front light assembly fall off and got a generic replacement at an auto parts place (wrecker but also sourced new) for under $100 and got it fitted by my mechanic for a few dollars.

I would start by asking my mechanic if they can get a generic replacement or if it would be better for you to source a second hand part.

 

I also think that all the talk of legal letters of demand may have gone a bit over the top (though I know this was the query in the OP).

Hopefully, you went back into the store straight away to let them know this accident had happened? (Apart from your immediate issue, the store may need to change its procedures so that two staff load heavy items in future).

If you did let them know and the assistant confirmed the accident, then they may very well just give you some petty cash once you know how much the repair will cost - especially if it turns out to be a couple of hundred or less.

On the other hand if it is just a small chip, then maybe get the glue or repair tape out...How to Repair a Tail Light Cover | eBay

 

Just look up the part number on ebay,something like that would be less the 200$ ..Within the owners manual will be a guide how to install ..The spare copy spare parts businesses within several online store's now days will put most wreckers within 10 years out of business ..imho..

 

Vicarious liability means that Officeworks itself is likely liable so it is a matter for them directly. You don't have to worry about chasing the employee personally.