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Car Damage On Mechanic's Lot.

Workers Compensation Law Discussion

Car Damage On Mechanic's Lot.

Postby Igon » Thu Nov 24, 2016 1:02 pm

I had work done on my car and gave, over the telephone, the mechanic shop owner my credit card number for the $611.20 charges, with the intention of picking up the car after the shop closed; this was Friday evening. I picked up the car 2 1/2 hours after the shop closed and the whole left front side of the car had been side-swiped. There was damage to the fender with large yellow paint marks on the fender, the signal light was broken and the bumper had been damaged.  Estimated cost from the Jaguar dealer for repair was $500 to $1,000. I filed a Police Report immediately. Is not this the responsibility of the mechanic since the car was on his lot, even though the doors were not locked since I only have one set of keys?  What type of insurance should he have and would this insurance cover the damage? I have notified my insurance  company I assume that they will contact the mechanic's insurance company.  Who is held responsibility for this damage, which I truly suspect happened way before the 2 1/2 hour time span that the car was left unattended Friday evening?  Thank you very much for your assistance here! John
Igon
 
Posts: 45
Joined: Tue Jan 14, 2014 12:14 pm

Car Damage On Mechanic's Lot.

Postby Marlan » Fri Nov 25, 2016 2:38 pm

John;

First off, I'm so sorry that your car was damaged! Certainly not what you want to find when you're picking up your car from a garage. So, let's get down to business. My first instinct tells me that the garage's insurance, specifically their Garage Keepers Legal Liability(GKLL) policy, should cover the damages. This is a type of Bailee's coverage, similar to that of say a Dry Cleaner, they have a responsibility to keep items that are owned by you safe, while they're in their care, custody and control. Although the shop had closed, you still hadn't picked up your vehicle. Although you had given them your credit card number and already paid for the initial repair work, you still hadn't picked up your vehicle. For this reason, I believe your vehicle to still be in their care, custody and control. They had an obligation to keep your property safe until it was back in your care, custody and control. Sitting on their lot after hours is not the same as returning possession of the vehicle to you because until you arrived, you had no control over where it was parked, how it was parked, if it was in harms way, etc... that was all within the garage shops control. Now with that said, the reverse would be your responsibility. If you dropped your car off at the garage 2 1/2 hours before they opened and it was damaged, they wouldn't have any responsibility or liability because yes, it's on their lot but they didn't have any control over it. Now keep in mind, this is only my professional opinion and an insurance adjuster could see it differently but this is my opinion. You were right to notify your insurance company. If for any reason the damages are paid by your insurance company, it will most likely be covered by your Uninsured Motorists coverage. Your insurance company should then subrogate against the garage's insurance company to be repaid for the money spent to repair your vehicle.

Now, with regard to the sustained damages themselves, it does sound as though you were hit by another vehicle, which of course, is actually the person who is responsible for the damages so, find out if the garage has a security system, if they sell gasoline they may have a surveillance system and maybe the offender was caught on video. Even if the garage doesn't, if there's a convenience store in the immediate area, or a bank, something like that, they may have video of your vehicle actually getting hit. It's a long shot but might be worth a try. In the end, the garage was still responsible for keeping your vehicle safe. I hope that has answered your question. If you need more information or have other questions feel free to email me again. Good Luck!

Kristen
Marlan
 
Posts: 45
Joined: Sat Feb 08, 2014 7:52 am

Car Damage On Mechanic's Lot.

Postby Blayke » Mon Dec 05, 2016 3:07 am

I had work done on my car and gave, over the telephone, the mechanic shop owner my credit card number for the $611.20 charges, with the intention of picking up the car after the shop closed; this was Friday evening. I picked up the car 2 1/2 hours after the shop closed and the whole left front side of the car had been side-swiped. There was damage to the fender with large yellow paint marks on the fender, the signal light was broken and the bumper had been damaged.  Estimated cost from the Jaguar dealer for repair was $500 to $1,000. I filed a Police Report immediately. Is not this the responsibility of the mechanic since the car was on his lot, even though the doors were not locked since I only have one set of keys?  What type of insurance should he have and would this insurance cover the damage? I have notified my insurance  company I assume that they will contact the mechanic's insurance company.  Who is held responsibility for this damage, which I truly suspect happened way before the 2 1/2 hour time span that the car was left unattended Friday evening?  Thank you very much for your assistance here! John
Blayke
 
Posts: 49
Joined: Tue Dec 31, 2013 2:32 pm


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