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?

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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 7 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.


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