Legal Question in Civil Litigation in New York
Auto damage liability
My situation invloves my car incurring damages while it was parked in front of a laundromat. A man was loading a laundry cart when it tipped over and put a dent in the side of the car. There was a dispute at the scene and because he felt he wasn't responsible he refused to give me any identification. The police were called and at which time I was informed there were no reports that they could file but the officer upon hearing the situation copied the person's driver's license information for me. I also have the police officer's name and badge number.
The man also offered that his son who has an auto shop, fix the damages but it's a rather expensive car and the car is only a year old. I felt that it would be safer to have the damages fixed at the dealership. But now he refuses to cover the cost and says he is not liable for it.
My question is this, do I have a right to choose where I want the repairs done and is this something I can probably win at a small claims court. The repair damages come to $1250.
1 Answer from Attorneys
Re: Auto damage liability
Sounds like you've a good case for small claims court. The police officers are hampered by the fact that they can only report moving accidents (i.e. traffic accidents), not property damage that doesn't rise to the level of a crime.
Essentially, the gentleman has caused damage that he is responsible for. You, as the owner of the property, have the right to have the repairs done where you like so long as the bill from that shop is not outlandish. Getting a few (say 2) other estimates (giving you a total of 3 estimates from 3 different repair shops) showing that the dealership's charges are in line with what the market will bear will go a long way towards helping you in this case.
Good luck!
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