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Other Civil MattersRegarding destruction of automobile on my employer's company property (New Jersey) (self.legaladvice)

legal_advicethrowawa が 投稿

The story in brief:

A couple of days ago a particularly heavy Rain storm caused a major flood in a section of my employers parking lot. It happened to be the part of the lot where my brand new car was parked. The water did not get into the interior of the car, even though it was half-submerged, but did get to all the electronics, and may result in the car requiring repairs which would come to at least $1000 or (worse) may result in the car being totaled. While my insurance does cover the bulk of the damages, the deductible which must be paid for any potential repairs is far too high for me to afford, and the cost of buying a new car once this one is totaled is also far too high for me to afford.

I know that my employer was fully aware that this could happen, because several members of the maintenance team have already entertained me with stories of it happening in the past, and I managed to track down another former employee who lost a brand new Jaguar in the exact same way. They have made no effort to improve drainage in the area in question, or even to post warnings. No preventative measures have been taken (as far as I know).

The truth is, that I am in no way responsible for these damages, and I have no way to absorb the cost of them, but I was told by the owner of the aforementioned Jaguar that the company has refused to pay any of the damages for this problem in the past, and that they will likely attempt to stonewall me as well. That car is my livelihood, and without it I cannot go to work or get along in everyday life. I need to make sure I give them no other option but to pay 100% of any potential damages left uncovered by my insurance in this case. Please help me find a way to ensure that I don't get screwed by my employer.

I have been told that there is some law in the state of new jersey that may protect them from damages like this, but I'm not aware of it and I don't know what falls under it. Even if that's the case, I'm asking anybody here for any advice, legal loopholes, or charges I can bring to make sure they pay for this. In the end, it's not even about whether or not they're technically legally responsible, it's a matter of survival. If I don't get this paid for my whole life could collapse.

Any advice that brings me closer to getting this paid for by my employer is much appreciated.

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[–]jcar128 13ポイント14ポイント  (18子コメント)

I need to make sure I give them no other option but to pay 100% of any potential damages left uncovered by my insurance in this case.

Not going to happen, so time to start prepping for reality.

I have been told that there is some law in the state of new jersey that may protect them from damages like this, but I'm not aware of it and I don't know what falls under it.

People usually aren't responsible for bad storms and what not, those are usually called "acts of god."

Shit happens man, if you want to prep better for the future get a better insurance policy where your deductible isn't $1000.

charges I can bring to make sure they pay for this.

There are no charges that can be brought. A rainstorm is not a criminal act of your employer.

That car is my livelihood, and without it I cannot go to work or get along in everyday life.

Sure you can, think positive. Plenty of people do it. Take public transportation. Taxis. Uber. Ride a bike. The possibilities are endless.

Please help me find a way to ensure that I don't get screwed by my employer.

Your employer isn't the one screwing you here.

[–]JoeDawson8 2ポイント3ポイント  (0子コメント)

My wife, 33 years old, has never driven in her life and she gets along just fine in Chicago.

[–]FoghornLawhorn 10ポイント11ポイント  (11子コメント)

What do you want more, your job or the $1,000?

[–]key2616 4ポイント5ポイント  (6子コメント)

How recently did it last flood? Did your employer pay deductibles the last time? What reason do you think that any parking lot owner has to notify drivers of an imminent flood? How long before the flood was your vehicle parked there? How were you unaware that the lot was flooding - you should have reasonably known that flooding was possible based on local weather reports, so did you just ignore your car for the day?

There is virtually no chance that you will see any money from your employer and all sorts of reasons to believe that you will be fired for even asking to be reimbursed. As others have said, proceed with caution, if at all.

[–]legal_advicethrowawa[S] -1ポイント0ポイント  (5子コメント)

According to the maintenance folks at work who were glad to tell me all about this ~after the fact~, the last flood that caused damage to cars was just under 6 months ago. I was not aware that this had happened, because I hadn't transferred to this office at the time. After asking around with people who knew the damaged parties, they said that the employer refused to pay any deductibles or damages of any kind the last time this happened.

I don't think they have to notify people of an imminent flood. I think they have to notify people that ~this part~ of the lot represents a flooding hazard, and that cars have been damaged or destroyed there in the past.

The weather reports were not significantly different from any other rainstorm report I've experienced in this area that did not result in the same flooding.

[–]key2616 2ポイント3ポイント  (4子コメント)

Here are your choices as I see it:

  • Ask your employer to pay your deductible. Be prepared for "no". If you press the issue, polish your resume.
  • Sue your employer and present the above evidence. Be prepared for a judge to side with your employer. Find a new job before you file suit.
  • Pay your deductible yourself or choose not to fix a portion of the damage.

Regardless, you should find another place to park, and you should encourage your employer to post signs or otherwise employees and visitors who regularly park in that section.

[–]legal_advicethrowawa[S] -1ポイント0ポイント  (3子コメント)

The parking is assigned by section, but that's already been brought up with my employer. I'm never parking there again.

  • I intend to ask nicely first, hire legal counsel second. If they're willing to own up to this, then there's no issue. I just want to be prepared to strike back.

  • In my state i have the option of pulling a jury of 6 for a case like this. do you think that would be a better choice than relying on a judge?

  • The money for that deductible is not available to me right now, or in the near future.

[–]jcar128 1ポイント2ポイント  (1子コメント)

If you don't have the money for the deductible, how do you intend to hire legal counsel?

Most will ask you for a retainer up front, and since your dispute is for only $1,000, you will never find someone to take that case on contingency. Hell 33% of $1,000 will only buy you an hour and a half of the attorney's time, if that.

[–]legal_advicethrowawa[S] 1ポイント2ポイント  (0子コメント)

If legal counsel isn't an option, then I'll just have to carry on on my own. That would suck, and be a lot harder on me, but it doesn't change the facts of the case.

[–]key2616 0ポイント1ポイント  (0子コメント)

I wish you the best of luck finding an attorney that will take this case for you. That will be an uphill battle to the point that you may want to research "Sisyphus" to gauge your actual chances. Small payout + no clear liability + low income client unable to afford a $1,000 deductible will not garner much interest.

But maybe I'm wrong. It sucks for you if I'm not, but I don't think that I am.

[–]that_girl_is 2ポイント3ポイント  (0子コメント)

You really need to wake up and get in touch with reality. This is the real world. The "truth" is that you are responsible for these damages. You elected to operate a vehicle (brand new, to boot) with shitty insurance. A $1000 deductible means you are skimping on coverage/premiums, and with a brand new car, that's not only stupid, that's irresponsible.

A $1000 would be hardship for me too; that's why I pay more per month so that if this were to happen to me, I'd only need to come up with $500 per month. That's called being responsible.

You need to look at it from a cost perspective. Deductible will cost $1000. Losing your job will invariably cost more than $1000. The VAST majority of New Jersey is entirely commutable via public transportation, so if it's a matter of needing to save up for a few weeks, suck it up. Unless you live in the ass end of South Jersey (like I do) it is not a "must have car" scenario. You're being a snob.

They don't have to pay you. At all. And your statement of "in the end, its not even about whether or not they're technically legally responsible, it's a matter of survival" is absolutely ridiculous. You posted in a legal advice forum. You are being told that LEGALLY, you have no case. Stop whining and take some responsibility. If you have a new car, you shouldn't have shitty insurance. If you can't come up with $1000 in an emergency, you shouldn't have a new car.

[–]acme280 0ポイント1ポイント  (2子コメント)

What makes you believe that your employer owns the property? If your employer, like almost every company in the country, simply leases is offices from a property management company then your recourse, if any, will be with the property management company, not your employer.

Even assuming you make a claim against the right company, they will likely have a defense if everything can be shown to have been in compliance with local building codes.

[–]legal_advicethrowawa[S] 0ポイント1ポイント  (1子コメント)

I'm already talking to other folks in this post about the implications of the property being owned by a different company, so I'm looking into that. In either case, the Maintenance team that posts all the lot signage and handles all the lot repairs is employed directly by my employer.

If I know businesses at all, I'm confident that everything will be in compliance with local building codes. Businesses around here don't lapse on those things, or at least they don't allow lapses of that nature to reach any official documentation. While i believe the integrity of the drainage in the area is partially to blame, the issue is largely about the company's foreknowledge of the hazard and failure to take any action of any kind.

[–]acme280 0ポイント1ポイント  (0子コメント)

the issue is largely about the company's foreknowledge of the hazard and failure to take any action of any kind.

My point is that they may not have any legal duty to do more than meet the code. So you would not be able to recover if meeting code is legally sufficient. The law may explicitly not require any action on their part.

[–]CujoCrunch -1ポイント0ポイント  (1子コメント)

Let's see if automotive justice expert /u/Zapopa can advise you on this one.

[–]Zapopa 1ポイント2ポイント  (0子コメント)

Ahhhhhhh. Nah, just don't have the energy. It would be too exhausting. :(