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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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.

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