Looking for some legal advice

[Bawbag]

Hey

I have some issues with an old employer

I was driving a work van one day. While driving I got in a vehicle accident causing damage to a parked car and the van. I filed out a police report and wasn't under any influence of drink or drugs

Now for the past few months I have been getting letters from this employer saying I have to pay for the damages for the van. He has also been calling my house.

Now today I recieved a letter saying he is taking me to court. It's from the city not a lawyer's office

What is my next steps.?

[BlackArcher101]

What happened between the accident and getting the letters?

[Bawbag]

Originally Posted by BlackArcher101

What happened between the accident and getting the letters?

He fired me right after the accident


Upon further review of the letter it's a civil claim

Now the letter game me 20 days to dispute. It is dated for the 27th of this month it arrived today so I don't even have a chance to dispute it

[calgaryblood]

You damaged the vehicle, you should pay.

[Nufy]

Originally Posted by calgaryblood

You damaged the vehicle, you should pay.

Disagree

Business owner should have insurance for this type of thing.

[Bawbag]

Originally Posted by calgaryblood

You damaged the vehicle, you should pay.

I don't agree he is insured

[White Out 403]

Originally Posted by calgaryblood

You damaged the vehicle, you should pay.

This is a terrible opinion. Business will have to make a claim as they would have been required to have insurance. Even if it was his fault.

[calgaryblood]

Originally Posted by Nufy

Disagree

Business owner should have insurance for this type of thing.

I'm sure he does. Doesn't need to use it though because his employee hit a parked vehicle.

Maybe I'm watching too much Judge Judy? Did you get a ticket Bawdag?

[calgaryblood]

Originally Posted by Resurrection

Like most of yours posts, this is a terrible opinion. Business will have to make a claim as they would have been required to have insurance. Even if it was his fault.

"Will have to". Nobody HAS to file a claim. His insurance will pay for the other vehicles damage and bawdag will pay for the damage to the vehicle he was in.

[Bawbag]

Originally Posted by calgaryblood

I'm sure he does. Doesn't need to use it though because his employee hit a parked vehicle.

Maybe I'm watching too much Judge Judy? Did you get a ticket Bawdag?

No I did not. The claim is for over 5000 bucks the van wasn't even worth that

[calgaryblood]

Originally Posted by Bawbag

No I did not. The claim is for over 5000 bucks the van wasn't even worth that

Best of luck to you.

[VladtheImpaler]

Don't look for legal advice on the Internet. For some free resources, there is the Labour Relations Board, Calgary Legal Guidance or even Student Legal Assistance. Start there. You could also just call a civil litigation lawyer and I am sure they can tell you in 2 minutes what your options are...

[Nufy]

Originally Posted by calgaryblood

I'm sure he does. Doesn't need to use it though because his employee hit a parked vehicle.

Maybe I'm watching too much Judge Judy? Did you get a ticket Bawdag?

Well if your legal experience is on a Judge Judy level....😳😜😀😎😎

[skudr248]

You should have been registered on this business owners fleet insurance if you were authorized to drive a company vehicle (they should have asked for your drivers license etc. when hired or when given permission to drive said vehicle and get you on their insurance). You would not have to pay for damage, though your boss has all the right in firing you for it. Go talk to a lawyer regardless.

[opendoor]

Vlad's advice is best. You're going to need to talk to someone who can assess your situation and give you your options.

That said, from my understanding an employee generally needs to either intentionally damage company property or be extremely negligent in order to be held liable for damages. If a lab technician makes a mistake that ruins a piece of equipment worth hundreds of thousands of dollars for instance, they're not expected to pay for that. Business are supposed to carry insurance for that kind of thing.

[killer_carlson]

Originally Posted by calgaryblood

You damaged the vehicle, you should pay.

Do not listen to the above.

Retain a lawyer in real life.

[troutman]

Originally Posted by VladtheImpaler

Don't look for legal advice on the Internet. For some free resources, there is the Labour Relations Board, Calgary Legal Guidance or even Student Legal Assistance. Start there. You could also just call a civil litigation lawyer and I am sure they can tell you in 2 minutes what your options are...

Also the Lawyer Referral service through the Law Society will match you with 3 litigation lawyers - first half hour is free.

[Northendzone]

For those of you that feel the op should pay, do you also think he should pay for normal wear and tear on the van? Fuel? While he was working for this employer?

[Hockeyguy15]

Originally Posted by Northendzone

For those of you that feel the op should pay, do you also think he should pay for normal wear and tear on the van? Fuel? While he was working for this employer?

Literally 1 person thought that.

calgaryblood is not a lawyer, his advice is bad and should be ignored.

[Kjesse]

http://www.blaney.com/articles/when-...ployee-damages

That is a link to a decent if basic article about an employee's liability to an employer.

More information about your situation would have to be known to provide a decent answer, so I'd suggest you follow the recommendations above and specifically troutman's recommendation to contact the Lawyer Referral Service, although Vlad's recommendation of Calgary Legal Guidance is also a great resource. I'd probably try both, but Calgary Legal Guidance wouldn't be representing you, they'd just meet with you, go over your problem, and provide some basic guidance.

Lawyers who have signed up to the referral service have agreed to provide basic information or advice for an initial call or meeting, and will tailor that advice to your specific situation.

While there are more questions to answer before knowing if a proper claim exists, I would tend to think you are not liable if you were using the vehicle for company purposes at the time. Regardless, you're going to need some help to deal with this claim even if it ought to fail.