Who is liable for damage caused by freelance (illegitimate) employees?
Hello,
Let's assume the following: An independent car repair shop employs a "freelancer" on call who helps out after work (he is not a trained car mechanic), is not registered, is paid in cash in the evenings and works on customers' cars when the boss is overloaded (one-man operation).
This "freelancer" due to ignorance and obviously incorrect handling of tools damaged parts of the dashboard of a very well-maintained classic car with a valuation report, which a customer had brought in for repair, which could no longer be reordered and were used because of a rare color that was only available for one year and was almost impossible to organize.
The garage owner acknowledged and accepted the damage and attributed it to the freelancer who worked on the car and admitted it.
Who is legally responsible for the damage and who is responsible for it?
Thanks & greetings!
(1 votes)
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The workshop owner. The risk of a black worker goes to his cap.
Normally yes, he recognized and admitted that.
It would have been that the parts had to be replaced and installed at the expense of the workshop. Here, however, it is so that the parts for the oldtimer are no longer available and are not needed. Ultimately, the whole dashboard is required in a very rare color, price examples are hardly possible.
What’s going on?
It’s about an old-timer in top-ranking state, not about some 20-year-old golf, where a scratch didn’t even notice.
I just spoke to my wife again, her sign lawyer. An optimal solution was also difficult to offer to her…
She wouldn’t leave the call completely open – you never know anything in a few months or even years.
Try to negotiate a payment at a realistic level – subject to a request with currently missing availability. Then, if necessary, you can still demand later, but at least you have a security. Best to fix in writing.
Which part/color is it?
What do you have against golf there are also 40 years old Gölfe in top condition.
Good question. Overturn price and pay? Leave damage compensation open, hold and balance in writing if the part is to be held?
That sounds so sweet. 🙄 I could get excited about it from a distance…
MB GTC have you been unsuccessful?
W124 clubs I’d call through, though this is of course not a dream task…
On eBay.com you find red parts – you should see if the part you are looking for is in acceptable condition. I only indicated “red” as a color, maybe you have more hits when you research the original US name.
Have you ever searched for the repair of the existing part? Is there companies that do this – perhaps even a good preparer…
Thank you very much.
This is the dashboard of a Mercedes W124 Mopf 1 (1989-1992) with factory-side passenger airbag (which makes the thing more exciting) in medium red. Due to improper installation and removal of the ignition lock, the left side wall of the center console and the area around the ignition lock were irreparably damaged with deep holes and cracks. Apparently due to raw violence with hammer and screwdriver.
The workshop is a free screwdriver who was already insolvent. The car would normally never have come into this workshop, but had to be towed, as the original ignition lock no longer wanted (typical vulnerability) and this workshop was the closest (MB-Stammwerkstatt 30 kilometers away, it was Friday night). An original part was built that the customer bought from the MB dealer and brought them to installation.
After installation of the ignition lock, the steering wheel was also inclined, the winding spring was broken, the slip ring was damaged and the airbag lamp was lit. The owner admitted it immediately, the remedy of the damage would not have been a problem – but: it would have taken four weeks because the chronically have no time. Even for this, the 300E stood there for three weeks.
My acquaintance assumed that at the end of the free staff there was even more. He didn’t want to have pudding again and let it be done at Mercedes – it cost 600 euros again. The free operation has received and transferred the invoice from Mercedes.
the free employee has been chased; the boss said he couldn’t always control him, but he screwed on the 300E. The whole misery was impossible.
This is all the more difficult to add, is long and complicated I know, but unfortunately the fish always stinks off the head.
… with the workshop.
You’d have to look at what kind of thing that cost back then.
It is only problematic that even the classic department of the manufacturer no longer offers the part and, although black or gray dashboards are to be found in the bay, even browns are to be found – but not in “medium red”.
Nothing, I even like old golf very much, especially in original condition :-).
That was just a comparison.
The workshop or its owner is liable here alone. How the damage is regulated can be absolutely irrelevant to the customer. If parts are no longer available, the damage by the workshop must be repaid financially.
First, the workshop, the boss.
Now the employee can demand damages if the negligent trade has been done.
But if he doesn’t pay, the boss has a problem. He can go badly to court and say, my employee I’ve had black and I want to…
The workshop is liable to the customer. That wouldn’t pay insurance.
In principle, the employee is liable to the boss, but since he is employed black, it would be unwise (and probably also impossible) to concern him.
Usually yes.
Here, however, it is so that the parts for the oldtimer are no longer available and are not needed.
It doesn’t change anything at all. The workshop is liable.
The contractor, the KFZ workshop.
What the KFZ-Werkstatt does internally is the customer of the contract partner.
Usually yes.
It would have been that the parts had to be replaced and installed at the expense of the workshop. Here, however, it is so that the parts for the oldtimer are no longer available and are not needed.
What’s going on?
Damage compensation for the car, i.e. compensation for loss of value. If he had signed up to the employee, the liability would have been canceled.
Consider the damage and, if necessary, request the court.
Then it comes to your compromise readiness or your negotiation skills. I would definitely want to avoid the suspicion of an insurance fraud. That is why I would have tried a compromise.
As I said, compensate for loss of value. There’s got to be a reviewer and determine the amount.
Ultimately, the whole dashboard is required in a very rare color, which has been given only for one year; Price examples are hardly possible.