What are my rights if I was at an auto shop when the employee moved my vehicle and backed into another car causing damage to my vehicle?

It’s a small local shop. The owner was not present but employee called insurance company and I’m waiting for someone to look at my car. Are they 100% liable for this? I was standing there, and could have moved my car but he just got in and drove off, with my kid in the car too.

Asked on June 4, 2014 under Accident Law, Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The facts as you have described may give rise to a bailment issue - you left your car in the care of the auto shop and they got in to an accident - and then your insurance should cover you then sue the shop (called a subrogation claim). The fact that your kid was in the car and why they were moving it may be wrench in that scenario and then shift the liability away from them. Let the insurance company come down and look at the car.  Wait and see what happens.  Good luck.

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