What to do if after receiving some basic car care from a service center, I came out to find my car’s driver door had been severely damaged?

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What to do if after receiving some basic car care from a service center, I came out to find my car’s driver door had been severely damaged?

It now requires 2 people now to close it. I immediately talked to the on-shift manager; however little assistance was provided. I failed to make an on-scene report with the police because this was my first second party damage encounter. I have a copy of my receipt with the first name of my technician along with his employee number and the time that I had the work done. However on the receipt it has a disclaimer that the store is not responsible for damages. My signature is not on this. I only have liability damage on my car. What steps should I take to solve this?

Asked on March 23, 2014 under Business Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The store cannot disclaim damages resulting from their own carelessness or negligence. If they will not voluntarily compensate you, you could sue them, such as in small claims court: you would need to prove by testimony that they damage occured while the car wass this them. You could use your testimony, testimony of others who saw that the car was not previously damaged, any proof that they serviced your car, etc.


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