If a mechanic parked by car right behind a curb without telling me and I drove over the curb and damaged my car, can I sue the garage or mechanic?

I approached the vehicle from the back and I was leaving. In fact, the curb is right by the driveway so I just drove straight ahead.

Asked on July 17, 2012 under Accident Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

To successfully sue, you'd have to show both the following:

1) The mechanic was negligent, or "unreasonably careless," in where he parked your car; that is, a reasonable person would not have parked it there.

2) You were not negligent in failing to check that you were parked by a curb or in simply driving straight ahead without looking--that is, the average reasoanble person would have done what you did. (That's because your own negligence can reduce, or even eliminate, your ability to recover compensation.)

If you can show both these things, you could potentially recover the repair cost.

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