do i have a case?
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do i have a case?
I crashed into a crub pretty hard and towed my car. I filed a clime with my car insurancei have full coverage. My car has been at the mechanic for almost 3 months, and now they are telling me the car needs a new alternater and my insurance won’t cover it. My alternator was fine berfore the assident and now After they haven’t turned the car on in more then 2 month’s, I have to pay for their mistake? This isnt right, so my question is, do I have a case?
Asked on July 22, 2016 under Accident Law, California
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You have the burden of proof that the mechanic not starting the car for a couple of months damaged the alternator.
If you can satisfy that burden of proof, then the mechanic is liable for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable mechanic would have exercised under the same or similar circumstances to prevent foreseeable harm).
You can sue the mechanic for negligence in Small Claims Court. Your damages (the amount of monetary compensation you are seeking in your lawsuit would be the cost of repair or replacement of the alternator. Your damages should also include court costs which would be the court filing fee and process server fee.
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