Domino's Pizza and Diminished Value

[SonofSocrates]

What is the name of your state (only U.S. law)?
Massachusetts

My car was recently hit from behind by a man while he was working for Domino's Pizza as a delivery man.

Both he and I have Commerce Insurance and Commerce has deemed that he is 100% at fault for the accident.

My car was quite new and cost me ~30K, even though the frame was bent in the accident the insurance company has indicated they plan to just repair the car and not total it. My current understanding is that the Mass. Supreme Court has ruled numerous times against the notion of Diminished Value, so I don't see going after the insurance company for Diminished Value a viable option.

I do wonder though if Domino's Pizza could be held responsible for the lost in the value of my property, any advice and comments would be appreciated.

Thanks,

SOS

 

[SonofSocrates]

Any help would me amazing, thanks

 

[elgueaga]

no only the driver can be they usually have the driver sign a waiver when they start the job so the company would not be liable

 

[jharris352]

The driver can be told they must hold Dominoes harmless but that does not prevent you from suing them. But regardless of who you are suing, you are still suing for diminished value. I would talk with an attorney. Mass is a "no fault" state, or it use to be, which means that each of you fix your own car. Maybe they woke up and went to an at fault system.