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?
2 Answers from Attorneys
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.
Re: business
The garage is responsible for any damage caused to your car by their negligence.
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