Help! My Tools are Missing after a Car Accident

In this video, Attorney Ben Schwartz assures a viewer that he is not at fault for tools missing from his work truck after an accident.

Help! My Tools are Missing after a Car Accident

Hi I’m Attorney Ben Schwartz,

Today we are going to answer a viewer question from Michael in Wilmington, Delaware. Michael writes in and says tools went missing from my work truck after an accident. I rolled the truck and the accident was not my fault. The tools were either lost when the truck rolled, or they were stolen at the tow yard, or by the towing company. Now my employer wants to dock my wages for the cost of the tools. Is that right? The answer is no! The accident was not your fault and after the accident, let’s say you go to the hospital in an ambulance, you are not in control of the tools at that point. If they go missing, that is not your fault.

If you did not do anything wrong, you were not careless, you were not negligent and the tools went missing, it is not your fault. Your employer has no reason to dock your wages to pay for the tools; that is not appropriate. We ought to write them a letter and tell them you are not going to pay them back.

Now, who should pay for the tools? If the accident was another driver’s fault, that driver is responsible for all the damages that flow from the accident. That driver’s insurance company should be paying for those tools. If there was not another driver who is at fault then perhaps the auto insurance on your vehicle should be paying for the replacement of the tools, for the fair market value of the tools that went missing. This is not your fault. You did not cause the accident. You are not responsible for losing the equipment, or losing the tools, and therefore it is not appropriate to dock your wages.

I’m Attorney Ben Schwartz. If you have a question for me that you would like answered on the internet like this, in a video format, send me an email below and let me know.

Thanks for watching, I appreciate you.

Help! My Tools are Missing after a Car Accident

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