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BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience:  Over 12 years of business and legal experience.
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My Truck was keyed while it was at the shop getting fixed.

This answer was rated:

My Truck was keyed while it was at the shop getting fixed. It was supposed to be ready on Saturday but it was not. I had not heard from the mechanic and I called him on Tuesday. That is when he informed me of the bad news. When I went to pick up my truck it was keyed on all sides and he hadn't filed a police report. I called my insurance and filed a police report. Is the mechanic responsible for the damage?

BizAttorney :

Good evening! I can help you out with your legal question tonight.

BizAttorney :

Yes, the mechanic was a bailee of your property and therefore was responsible for your truck while in his/her possession.

Customer:

Thanks for your answer. What can I do if he doesn't pay. I really don't want to hire a lawyer.

BizAttorney :

You will make a claim to your insurance (which you already have) and if he doesn't pay, then your insurance will cover it. Your insurance will then go after the mechanic through a subrogation action.

Customer:

They said they wouldn't go after him.

BizAttorney :

That is their choice, but the important thing is that you are compensated for your loss, which is what insurance is for.

Customer:

I'm thinking about asking him to cover my deductible.

BizAttorney :

That would be a reasonable request.

Customer:

my deductible is $500

Customer:

if my insurance doesn't go after him and he refuses to pay my deductible what would be my next step?

BizAttorney :

Nothing, if your insurance pays for it, then it is over for you. They will just eat the loss.

BizAttorney :

And you will be compensated for the damage minus your deductible.

BizAttorney :

You could then sue the mechanic for $500 in small claims court.

BizAttorney :

For the deductible you had to pay because of his negligence.

Customer:

Shouldn't he use his insurance to cover it?

BizAttorney :

It is his choice. He can make a claim to his insurance company or just pay it out of pocket.

Customer:

I don't think I should have to file a claim on my insurance but if I go after him in small claims court are you telling me the most I could go after him for is $500?

Customer:

Are you there?

BizAttorney :

Yes,

Customer:

did you see my last question?

BizAttorney :

You shouldn't have to, but if he doesn't pay you, then you will have to file a claim.

BizAttorney :

You could only go after him for your amount of damages. If you file a claim and the insurance company pays for everything except your deductible, then that is the total of your damages.

Customer:

Ok thanks

BizAttorney :

No problem! Good luck and have a great night!

BizAttorney :

Please rate my service so that I can continue to help others.

Customer:

will do

BizAttorney :

Thanks!

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