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Yes, the mechanic was a bailee of your property and therefore was responsible for your truck while in his/her possession.
Thanks for your answer. What can I do if he doesn't pay. I really don't want to hire a lawyer.
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.
They said they wouldn't go after him.
That is their choice, but the important thing is that you are compensated for your loss, which is what insurance is for.
I'm thinking about asking him to cover my deductible.
That would be a reasonable request.
my deductible is $500
if my insurance doesn't go after him and he refuses to pay my deductible what would be my next step?
Nothing, if your insurance pays for it, then it is over for you. They will just eat the loss.
And you will be compensated for the damage minus your deductible.
You could then sue the mechanic for $500 in small claims court.
For the deductible you had to pay because of his negligence.
Shouldn't he use his insurance to cover it?
It is his choice. He can make a claim to his insurance company or just pay it out of pocket.
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?
Are you there?
did you see my last question?
You shouldn't have to, but if he doesn't pay you, then you will have to file a claim.
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.
No problem! Good luck and have a great night!
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