What are my rights?

Question

I locked my keys in my car. I called a locksmith. They told me 50.00 dollars and they would be there shortly. I was waiting inside when I heard my car alarm going off (My driveway is behind my house) I walked out to see the locksmith there outside my car. I went around to the driver door to open it up and get my keys out because I wanted to turn off the alarm. It was then that I saw my driverside window was cracked in 5 places. I said to the guy what happedned to my window and he said that was there when I opened your door. I said it certainly wa not He insisted it was. I did not touch my window prior to them coming over I refused to pay and said someone needed to pay fior my window . It was then that a cop showed up He was very nuetral saying it was a civil matter and he couldnt get involved. I would have to take it up with the company. (Its Sat night) So now I have to wait until Mon to speak with someone. But it is my word against his.

Why wouldnt the locksmith seeing my cracked window have come to my door before touching my car door? Why wouldnt he have come to my door anyway to make sure I was home for payment?

Answer 1

Sue them. At least the publicity will harm the company's reputation if nothing else.

Answer 2

Try to get resolution with the company. The first thing you'll need to do is get an estimate for the repair. The company can't reimburse you for the damage unless they have an idea of how much the repair is going to cost. To be safe, get a few estimates so you can do an average. If the company refuses to pay for the damage, and if you insist on pursuing this, you'll need to take either the locksmith or the company to small claims court. You should bring the estimates. Keep in mind that by going to court, you open yourself up to a counter-suit for not paying the locksmith bill. It's possible you might not prove your case, but that the locksmith company could win their suit against you.

Answer 3

What is your rights?

You have the right to sue the locksmith guy who didnot inform you personally that he is already in your own driveway and about to do his job. Since this is already a crime scene, you should inform the police officer that happen to pass by in your neighborhood and tell him your side of the story. Definitely it is not a civil case, this is a crime scene therefore it is a criminal case, are you sure he is a policeman? Maybe he is just a mascot from somewhere else and happen to be wearing a police officer uniform. You should have gotten his name/badge number/precint..etc just for references in the future. Inform your car insurance company for any further help regarding your case. So don't pay the locksmith guy, what did he do anyway while the alarm is on, just standing there? You should have ask the police officer to apprehend the guy for violation of domicile since you never knew him and didnot know he is a locksmith or whatever.

File a case. To the guy and to the police officer for doing nothing while this is going on. You have a case.

Answer 4

Take the company to small claims court. It might be your word against theirs, but a judge will be a finder of fact and under the circumstances it is a good chance you can convince the judge that the locksmith did break your window. If your window was broke before the locksmith saw it, why would he not point out to you the fact the window was broken BEFORE he unlocked your door.

Answer 5

Did he even check with you before working on your car? Did he come to your door and say "Hey im Joe from the Locksmith Company" or did he just pull up and start working without even telling you he was there? If thats the case-if he didnt check in with you at first you probably got him. He should have checked with you and had you sign a release to work on your car-just like when you take your car into any mechanic or auto shop.
Of course you are gonna need to get a lawyer and take it to small claims court-but if you want to im certain you can win this.

Answer 6

I hate to give you bad news, but you are right - it's your word against the locksmith's. Unless you have a video security system or witnesses that can prove it was the locksmith, you don't have a case.
However, you can always try making contact with the company and seeing if they will pay for the replacement of the window as a customer good-faith effort. Or you can write them a demand letter setting forth the facts and requesting that they pay for the damage - send the original letter certified mail, return receipt requested and show a 'cc' to them via regular U.S. mail - that willl get their attention. If they don't reply, you can always take them to small claims court -where you don't need an attorney - but the chances of your prevailing without evidence is slim to none.
Good luck to you - and may the locksmith be a victim someday to appreciate what you're experiencing.. If you attempt to a settlement with the company, just remember that honey draws more flies than vinegar, ie, it is better to play the 'poor me, what am I going to do and can you please help me" role than the aggressive "I'll see you in court" role.

Answer 7

As the cop said, it's a civil matter. You most assuredly do owe the locksmith for the visit but I doubt they'll press that issue if you don't push on them breaking the window. I doubt they go to court over it, it'll cost them far more to initiate a claim than what they'd recover. So, will the window cost you more than paying the locksmith? Or do you pay them and have them buy the window? Your call.

Answer 8

you are correct, like no one seen it happen correct, well that will be it could of happened this or that way, but a cop refusing to get finger prints that you might need to take to courts over neglect of protecting people how did the cop know he would not go in after you, or harm you, but also you are the one that called to get your keys out, they have no set way in doing that any more did you sign a contract with them.

Answer 9

Call the company on Monday and tell them if they do not pay for your window you will sue them for it.
if they don't then sue them.
you stand a good chance of winning.
you stand a better chance of having them pay just to avoid the whole mess

Answer 10

Get 550 thousand Lawyers, sell this case for $1 to each Lawyer and let them fight it over 4 you ;-)