In Nov . 2011 , my car was damaged by a service stain mechanic . Wouldn't this be a Ailment issue ?

Asked over 1 year ago - Erie, PA

Mechanic had to pay nothing . Other driver was held responsible , he was uninsured . He has skipped town and I was stuck paying for everything . Almost $ 4500 . 00 dollars in damages and fees . At Civil Court , Justice would net hear anything about against service station owner , they were close personal friends . Penn National Insurance denied anything because the accident was not service station owner fault , according to police report written after the accident . No witnesses . Accident happened directly in front of service station and was being driven by mechanic as part of inspection . I wasn't there . I never even got an inspection sticker . Judgment was on 1 / 10 / 2012 Is it too late to do something ? We would be going up against BIG Insurance Giant

Attorney answers (4)

  1. Stewart C Crawford Jr.

    Contributor Level 16

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    Answered . Bailment is indeed one of the theories that you can sue upon in addition to breach of contract and negligence. In Pennsylvania, bailment is a form of strict liability. A Bailment arises when a bailor (such as a vehicle owner) delivers property to a bailee (e.g. a mechanic) for the purposes of performing some task with the understanding that the property will be returned to the bailor when that task is completed. A cause of action for breach of a bailment agreement arises if the bailor can establish that property has been delivered to the bailee, a demand for return of the bailed goods has been made, and the bailee has failed to return the property or has returned it in an unanticipated condition. Price v. Brown, 680 A.2d 1149, 1151-52 (Pa. 1996).

    If the service station does not accept responsibility for the damages, explore whether or not your insurance carrier will cover those damages. Although you might have to absorb the deductible, litigating against service stations in these situations can sometimes be problematic, they often claim that the mechanic was an independent contractor performing side jobs or that the damages were pre-existing. Your carrier might wind up fighting that battle for you.


    Stew Crawford, Jr., Esq.

    Crawford Law Firm
    A Full Service Law Firm Serving Pennsylvania & New Jersey

    223 North Monroe Street
    Media, PA 19063 (Philadelphia Area)
    877-992-6311
    www.crawfordlaw.org

    E-mail: carrepairdamage@subrolaw.us

    All information provided in this comment is intended for informational purposes only and does not, by itself,... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . I hope you didn't get an ailment from this bailment. Report to your insurance company to resolve.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  3. George Costas Andriotis

    Contributor Level 20

    4

    Lawyers agree

    Answered . Service station is liable for damage while in their possession and the other driver who caused original damage is responsible for the damage they caused. Hire an attorney ASAP.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  4. Kevin Coluccio

    Contributor Level 20

    4

    Lawyers agree

    Answered . I am sorry - it sound like you already had a hearing on the issue. If the judgment was over a year ago, I would consult with a local attorney as soon as possible. Take all the paperwork to the lawyer.

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