What to do if I took my vehicle in to get a tire rotation but an hour later I noticed that it had a huge dent on the trunk?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I took my vehicle in to get a tire rotation but an hour later I noticed that it had a huge dent on the trunk?
They took pictures and placed a claim. However, it was denied because my car was dirty at the time and there was no fresh paint or smudges proving recent point of contact. I know that this had to have happened within their possession of my vehicle. Do I have a case?
Asked on February 3, 2014 under Accident Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
It may be difficult to prove if you had no evidence other than your own recollection that the dent did not exist prior to bringing the car into the shop. As you write, there seems to have been a lack of physical evidence (e.g. fresh paint) to show how recent the dent was. To prevail in a lawsuit, since you are the person suing, it is your obligation to prove your case; if you don't have evidence to prove it, you will lose.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.