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-   -   Who is liable? (https://www.askmehelpdesk.com/showthread.php?t=69032)

  • Mar 5, 2007, 02:53 PM
    cherryblossom43
    Who is liable?
    A week agao I went to a garage for gas & also asked the attendant to check my oil,when I drove away about a half mile ,my hood flew up and smashed my windshield in,after pulling over ,I immediately returned to the garage ,they refuse to pay for the damages to my vehichle saying my hood ;latch must be faulty ,there was never a problem with my hood at any other time,to me it is obvious the attendant did not close my hood properly,so are they liable for the damages?:confused:
  • Mar 5, 2007, 02:56 PM
    Squiffy
    I am not a legal expert, but I would imagine you would be help liable if it went to court. Usually the car owner is responsible for making sure things like that are done. Don't know for sure though.
  • Mar 5, 2007, 02:58 PM
    shygrneyzs
    Check with your insurance company. Thank goodness you were not in an accident as a result of this. You and anyone else could have been seriously injured.

    This would be a good case for the "People's Court" or "Judge Judy".

    I would think your insurance company would give you some good help on this. They will not want to pay for this, if they do not have to. The adjuster can examine your vehicle and if that latch is not faulty, guess what?

    Best of luck to you.
  • Mar 5, 2007, 05:30 PM
    Fr_Chuck
    I would hold that the garage and the person who checked the oil could be held liable for the damage,

    You will need to sue them in small claims court if they will not just pay for it.

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