How to get the car wash company to pay the side mirror they broke?

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How to get the car wash company to pay the side mirror they broke?

I went to get my car washed last week and my side mirror got broken. The guy who worked there at that time said the manager wasn’t there. He told me that the manager will call me in a day or two and get my side mirror fixed. I trusted the guy and for some reason I didn’t ask for any paper that I could keep as an evidence. I was so stupid. I haven’t got any call back and I’m afraid they are not going to fix my side mirror. Is there any way to fix this?

Asked on May 17, 2012 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Legally, if they broke the miror due to their negligence or carelessness, they would be liable to fix it.

Practically, if they will not voluntarily pay, you would have to sue them for the money. In the lawsuit, you would have to prove that either 1) they broke the mirror or 2) that they had agreed to pay for it. If you have no hard or documentatary evidence, just your testimony, this can be very difficult if their testimony refutes or contradicts yours--as the person suing (the plaintiff), the burden of proof would be on you to establish your case by a preponderance of the evidence. That means you would have to have more or better evidence, or be more persuasive, than them; if all things are equal, you would lose.


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