I have road side service i called the main office explaining my problem l had locked my keys in my car and they told me I was not covered which i was so i broke my window to get into my car after i found out you was covered they refused to reimburse me because I damaged my own vehicle I would like to know what can be done about it.
If they broke your window you would have a claim but since you broke it because you were unaware of your roadside assistance benefits I would think you are responsible.
It may not be economically feasible to do anything about it. Chances are good that whomever handles the roadside service will argue that you failed to mitigate your damages by breaking your window instead of calling a locksmith. You might be able to recover what the locksmith would have charged to unlock the vehicle, but probably not the cost of replacing the window.
I think you could prevail on this but it may be more trouble than its worth. The roadside assistance office failed to tell you what coverage you had and it was reasonable for you (a person calling for help) to rely on that. When they gave you the bad advice, they acted negligently or committed a negligent misrepresentation. There would not be a failure to mitigate damages issue because this is not a situation where there was damage and you made it worse or failed to address it; the affirmative defense they'd raise would be comparative negligence (basically, you should have known better), which I don't think would fly. Now, the question becomes whether pursuing the claim would be feasible from a dollars-and-cents perspective. If you've got the time and inclination, you can file a pro se lawsuit against the company (small claims court would be preferable) and ask for the costs to fix the window. It would take some work for you to draft the complaint, get it filed, and then get summons served, but if you do then they have to look at your claim from a business perspective if not on the merits and I don't see how they pay a lawyer hundreds of dollars an hour to defend a claim worth hundreds of dollars. Good luck.
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