What are my options if a service center damagedmy vehicle when it put on new tires?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my options if a service center damagedmy vehicle when it put on new tires?

It took a week for me to realize the damage had occurred because it is only visible when lying on the ground looking under the car. What happened apparently, was that the employee improperly raised my vehicle causing the body to dent in two places, there could also be structural damage as well, not sure yet. Looking over the bill I find the statement “this business disclaims liability for incidental & consequential damages.”but it also states”said limitation or exclusion may not apply to you”. Does it apply to me or not? If they do,can I still get them to pay for repairs?

Asked on December 2, 2010 under General Practice, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

They *can't* disclaim liability for things not directly related to their repair. That is: they put on new tires and the tires then cause some damage somehow. There are circumstances under which they could limit their liability to the cost of replacement tires and/or their services. However, if an employee negligently, or carelessly, caused other damages, they can't disclaim that liability; so if an employee improperly raised  your vehicle, denting it, they are as liable as if an employee happened to drop a heavy object on your windscreen and smashed it, or drove the car into a wall while getting it out of their service bay. If they do not pay voluntarily, you could sue them to recover your damages or losses; for smaller amounts, consider small claims court.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption