My car was being serviced for an oil change and was left at the car shop since I had to do some shopping. The shop called (while i was shopping) and told me that someone hit my car and sped away. This happened when the car was parked outside the shop since the oil change was already done. They do not have any information on the car that hit mine. The shop called the police but I was not able to speak to the officer personally.
Should the shop be liable for repairs? Could the shop's insurance cover what happened?
2006-12-04 22:43:53 · 5 answers · asked by ichiro121083 2 in Cars & Transportation ➔ Other - Cars & Transportation
I just wanted to add, being in North Carolina, if the culprit (H&R) is not identified, I will have to pay the deductible.
2006-12-05 08:42:44 · update #1
Was the car in the care and custody of the repair shop? In other words, had you left the car with the shop for service or repair, and not yet picked it up or paid the bill?
If the car was in the custody of the shop, they are required to take reasonable and normal care of the vehicle. If they parked it in a public parking area, that was not protected, you can make a case that they are responsible for the damage, seeing as they should have known that the car was not in a safe place!
The thing about the story that sounds fishy to me is they knew, and called to tell you, that the car had been damaged. It would not surprise me to find that the truth is one of their employees hit your car, and they are trying to avoid paying for the damage.
In this case, I would expect the shop, or their insurance company to pay to repair your vehicle. If they refuse, I would consider a court case. I also would not ever use a that shop for any repair again!!
2006-12-05 02:34:05 · answer #1 · answered by fire4511 7 · 2⤊ 0⤋
This falls into somewhat of a gray area.
As a service industry business owner, I'd say the shop is responsible for the car until you pick it up. While it is unfortunate that some hit-and-run driver hit it, it was while the car is in THEIR custody, and therefore, they are responsible. Their insurance will cover it as a part of doing business, general liability and all that.
If you want to be nice to the shop and claim your car was hit by a H&R driver, and just claim your insurance, that's fine too. Either way you shouldn't have to pay anything.
This is what I would do though: call your insurance company and explain the circumstances to them, and let THEM worry about how to divvy up the blame with the shop. You just want your car fixed ASAP, right? So let your insurance worry about it. It's their job: that's what you pay them for.
2006-12-05 03:08:04 · answer #2 · answered by Kasey C 7 · 0⤊ 0⤋
If you have full coverage, your insurance company should pay 100% of the damages with NO deductible for a hit and run.
Let the insurance company fight the oil change place if they want to recoup some of the payout.
If you don't have full coverage, you might be able to sue the oil change place for damages. They parked it, not you. When they took your keys and took control of your car, they took responsibility for it.
Check you state laws and good luck to you.
2006-12-04 22:56:12 · answer #3 · answered by Gem 7 · 0⤊ 1⤋
Of course they aren't responsible. Theyshop will not be held responsible for an accident they had nothing to do with. In fact it sounds like they did more then most would have done with phone calls and such.
Ask around and see if any video cameras could have been pointed in that direction. Other then that, you are in fact a victim of hit and run. Your insurance should still help you.
2006-12-04 22:47:10 · answer #4 · answered by ☺ PeeJ ☺ 5 · 0⤊ 2⤋
If you want to buy the car collision repair equipment,you can send e-mail to carbench3@yahoo.com
2014-06-04 19:43:18 · answer #5 · answered by Anonymous · 0⤊ 0⤋