Auto Insurance Claims: auto liability - negligent entrustment, hold harmless agreement, franchise contract

Question
If I get hit by a car, driven by a person who is driving their personal vehicle for work for a franchise companion care co....if that franchisee's corporate office does not require franchisees to implement safe driver training or a safe driver policy - can I sue the franchisee only or can I sue corporate as well?

Answer
Hi Barb,

This is actually a legal question not an auto insurance question, but I will do my best to provide a lay answer.

To the best of my knowledge the franchise corporate office has no liability in this situation. Even if there was a way to show some negligence, the franchise contract likely has a hold harmless agreement in it. This means that the franchisee would reimburse the franchise company for any anmounts payable.

In fact I do not think you can even hold the franchise responsible. It was the drivers negligence that caused the collison and that is where it ends.

For a more legal opinion, you should seek the advise of an attorney.

I hope this helps
Richard Hixenbaugh