Legal Question in Civil Litigation in California

Re: Automotive Shop liability

based on your facts given so far, you probably should retain an attorney who will handle your defense should this person try to sue you, since he seems to be the one at fault for not putting you on notice that his brakes were malfunctioning prior to you trying to move the vehicle. further you should have an attorney initiate your own claim against this person for any damages his negligence caused your shop lift and/or any other damages to your shop or other customer's vehicles. if you would like further assistance, email me with more specifics and i may be willing to assist and/or represent you on this legal matter(s).

Re: Automotive Shop liability

I don't see how you could be found liable based upon these facts. That doesn't mean you won't be sued, it just means that you should win based on the limited information I have. Being sued is expensive and aggravating, so if he does sue you you will still be in for an unpleasant experience.

Frankly, it seems to me that you have a much better case against him than he has against you. If he knew he had brake trouble then he probably should have told you so. Even if he didn't know, there's no reason why you should be forced to pay for damage caused by a defect in his car. If he doesn't have insurance then you would have to sue him personally, and an uninsured driver of a car like that one probably has no assets to collect anyway, but it seems he is more at fault than you are.

I hope *you* have insurance that will cover this incident, in part because of the need to cover any damage to your shop and in part because you may be sued by the owner of the other car. Mostly, though, I hope you have insurance because it might cover the fees of a lawyer if you need to defend yourself against this guy's suit.

In practical terms it seems unlikely that he will sue, because doing so would require him to admit that he was driving without insurance. Also, if he lives in California he needs a California license, so he may be in trouble there as well. If his immigration status isn't what it should be (quite plausible, since that might explain his failure to get a California license), then that is yet another reason he might be reluctant to sue.

Feel free to contact me if you have any specific questions you want to discuss further.

Re: Automotive Shop liability

You are in the right. Tell him to sue you. Be sure to notify your insurance company as they will defend you.