Legal Question in Employment Law in New York

business

I live in Binghamton, ny 13905. I have a car thats been in a garage, being fixed, or shall i say in a garage waiting to be fixed. While my car is there,it gets dented on the corner bumper and gets flood damage from exposure of a flood . What sre my rights and what is the responsibility of the garage ,liable too?


Asked on 11/30/06, 4:14 am

2 Answers from Attorneys

David Simon Hogan & Rossi

Re: business

You have an arrangement known as a 'bailment'. That is when somebody is holding property for you, and unless you have an agreement to the contrary, they are charged with a duty of care to safekeep your property for you.

Have you found out who caused the dent? Was it a mechanic or other employee of the garage? or was it a member of the public. If the latter, the garage can always go after the motorist who dented your car to collect contribution for any amounts the garage pays you, or you could proceed to take action directly against that motorist.

It may be simpler to ask the garage for the name of its insurance carrier and to submit a claim to them. They will hopefully send out an adjuster to appraise the situation and cut you a check.

You might also want to file a form MV-104 accident report, or even ask the police if they will go out and make an accident report and interview the garage.

Obviously, I do not know all the facts, so you are best advised to consult with an attorney.

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Answered on 11/30/06, 12:00 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: business

The garage is responsible for any damage caused to your car by their negligence.

Should you like to discuss this or any other legal matter you can e-mail me for more information about low cost face-to-face, on-line or a telephone consultation with a lawyer in our office.

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Answered on 11/30/06, 7:00 am


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