What to do if someone left my car in reverse and without the emergency brake on thereby causing an accident?

I had gotten my windows tinted and the person who had tinted my windows left the car, a stick shift, in reverse. When I auto-started my car, it reversed and hit a pole and became wedged in a fence. My car is completely destroyed – the driver door is completely cracked, the fender is cracked, my mirror broke off, there is a scratch on my passenger side. The owner of the tinting company wants me to pay to fix his fence – however, the person working on my car did not inform me that my car was left in reverse and that the emergency brake was not on. I do not believe I am responsible, and I actually was thinking about charging the tinting company.

Asked on March 28, 2014 under Accident Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Based upon what you have written as to your inquiry, I suggest that you first contact your insurance carrier assuming you have one and submit a claim for your damages. After that is done, consult with an attorney in your locality as to whether or not there is a basis for a lawsuit. One can be found on attorneypages.com.

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