Legal Question in Business Law in Florida

broken car

The other day I went to have my car washed at a local service station, when I was in the washing machine my side mirror was torn off, I went into the store and told the lady, who told me they had an insurance company, the co stated that the station had the 1st 500 deductable, I returned to the station, a man (maybe the owner) insisted that the insurance co pay, I had the two men speak & was told the ins rep would call me, I spoke to rep, told me station must pay, I returned to the station, he said he would not pay, he yelled at me & refused to give me his name, he said he had a sign (he did, I hadn't seen it).....I wrote the letter to the company, does he get off scott free because he had a sign?


Asked on 10/20/00, 9:15 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: broken car

No. I do not believe that the gas station will get off "scott free" however, they apparently will not help you resolve this amicably. I suggest that you contact the local city or county occupational licensing division and ascertain who actually operates the gas station. If a corporation, you must then check with the Secretary of State to determine who is/are the corporate officer(s) and then write a stern letter demanding that they take care of your damage. If that fails, you should pursue your claim in the County Court Summary Procedure Division (same as small claims). The court clerks will help you complete the necessary paperwork.

Be sure that you sue them in the proper capacity. If the station is owned by a corporation, you must sue the corporation, not the officers individually. You must serve the proper corporate officer or the resident agent as listed with the Division of Corporations. You can access this information online at: http://ccfcorp.dos.state.fl.us/index.html

As in any legal situation, you should consult competent legal counsel for advice.

Scott R. Jay (305) 249-8000

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Answered on 11/15/00, 8:56 am


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