do i have a case?

UPDATED: Sep 30, 2022

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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 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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