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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Pearl. I visited my hometown of NYC last from May 13th -

Customer Question

Hello Pearl. I visited my hometown of NYC last from May 13th - 16th. I prepaid for parking at Select Parking on 245 East 54th Street. I showed up after 3pm, me and my 2 passengers unloaded the car and I gave the keys to the parking attendant, who drove it down to a spot. When I picked up my car I noticed that the passenger side mirror was cracked and the housing was broken. I pointed this out to the attendants and I filled out a incident form. I was told to call the manager on Tuesday to get an answer since they had to review video to see if the car was damaged in their facility. I called on Tuesday and talked to Esteban, who is rude and not courteous at all, and he told me he needed time to look at the video. I explained that my car was not damaged when I checked it in the garage. He curtly said that he'll look at the video. I just got off the phone w/him and he stated that the video shows that the car was not moved once the attendant parked it on Friday. I explained to him that between the car leaving me & getting to the parking spot, the damaged happened then. He told me no and he was not going to be held responsible for damaging my car. What course of action can I take? I have 2 witnesses who knows that the mirror was not damaged when the car was parked on Friday.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Was that question meant for me?
JA: Have you talked to a lawyer yet?
Customer: No. I just got off the phone w/Esteban.
JA: Anything else you think the lawyer should know?
Customer: Sure. I just brought the used car on Monday, May 9th from my job. The car was not damaged until I picked it up on Monday, May 16th.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your next course of action would be to file a small claims suit against the garage in the NYC small claims court and show up with your witnesses and present your case to the court to get a judgment against the parking lot for the damages when the car was in their care. The lot will be liable for the damage if you prove that the car was not damaged when you turned over the keys to them and the court will award you the judgment.
In small claims, you can seek the cost of the mirror plus the costs of filing suit and the reasonable costs of having to return to NYC to pursue the claim in the small claims court there.
Also, if you have comprehensive insurance coverage, you can notify your insurer and see if they will pay the damage and save you from having to go to court, but if not, your only remaining recourse is filing suit in small claims against the business.