Legal Question in Business Law in New York

Car damaged at Oil Change Garage

While having my oil changed at a 15 minute oil change garage, when the mechanic was backing my car out of the garage, the exhaust system caught on a lip in the floor where the garage door touches the floor. They claim they are not responsible because they say my exhaust system was hanging to low. I feel they are responsible because they heard a scrape when pulling the car in and they should have seen if the exhaust system was hanging to low while the car was on the lift. My mechanic says it will cost anywhere from $150 to $750 to fix. Do you think I have a good case for small claims court?


Asked on 9/19/00, 7:52 pm

3 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Car damaged at Oil Change Garage

By all means, give it a shot. The court costs are negligible and at most you will spend several hours at it.

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Answered on 10/20/00, 8:49 am
Walter LeVine Walter D. LeVine, Esq.

Re: Car damaged at Oil Change Garage

You will probably be successful, due to their negligence. You can file a claim in small claims court, when you have the car examined and determine the cost of repair. This is somewhat informal (almost like on TV), and the cost of starting the suit is minimal. Good Luck!

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Answered on 10/20/00, 1:39 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Car damaged at Oil Change Garage

I received your post on 10-20-2000.

Certainly the less than $20.00 small claims fee is worth the investment. You must sue in the county where the business is...not where you live.

Also, to prove damages, i.e., the money aspects, you will need to have 2 estimates or a mechanic in court.

Good Luck.

RRG

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Answered on 10/20/00, 5:43 pm


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