What are my options if a service center damagedmy vehicle when it put on new tires?
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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 13 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.
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