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elbajapanti163rd · Mar 24, 2007, 12:58 AM

My friend had his car in a parking lot they crashed it in the parking lot and offered him 4 free months instead of paying for the repairs they made a verbal agreement to let me park there since he sold his car now they crashed my car and are refusing to pay for damages and are trying to kick me out because they claim I never paid to be there but I'm parking their for a reason. So I'm asking if I'm not registered in that parking lot can I sue help me someone

ibrake4antelope · Mar 25, 2007, 04:44 PM

Originally Posted by elbajapanti163rd

my friend had his car in a parking lot they crashed it in the parking lot and offered him 4 free months instead of paying for the repairs they made a verbal agreement to let me park there since he sold his car now they crashed my car and are refusing to pay for damages and are trying to kick me out because they claim i never payed to be there but im parking their for a reason. so im asking if im not registered in that parking lot can i sue help me someone

It is unlikely that you will prevail on this. The arrangement was made with the person who owned the car before you.. the arrangement is with a person.. not with the car. You did not own the car when the damage was done to the car so they do not owe you anything at all. You bought the car in its current condition. If the person who sold you the car, though, made this part of the deal it seems that you may have some recourse with him/her if you wish to try.

Fr_Chuck · Mar 25, 2007, 06:04 PM

Ok, who crashed your car? The owner of the parking lot, another driver, not enough details to really tell you who can do what

ScottGem · Mar 25, 2007, 06:26 PM

Is this a garage where they park your car? Do you drive in and hand them the keys? If so, then when they take those keys they take on a responsibility. Even though they have disclaimers.

RubyPitbull · Mar 25, 2007, 06:38 PM

Now I am confused after reading I brake4antelope's post. Is this the same car that was damaged when your friend owned it, and he sold it to you? Or is this a different car, your own car.

As Fr Chuck asks, who damaged the car? Was it an employee of the lot? Who made the agreement for you to park there free of charge? The owner of the lot or an employee? That can make a huge difference. Do you have someone's name?

Why would they allow you to park for free? As part of the agreement with your friend? Was this the remainder of time left on the 4 month commitment? Who agreed to the transfer?

I think the bottom line would be if you were not paying for parking, you don't have any legal recourse, but I can't be sure because your info is sketchy and confusing. If you can't prove that you were parking in the lot (payment/registration numer) what is to stop them from claiming you were never there? Do they have signs up anywhere that say they are not liable,. Check what the signs say. A lot of garages post signs that say they are not liable for theft or damage.

If you can give us more info, it would allow us to give you advice on this.

elbajapanti163rd · Mar 25, 2007, 10:40 PM

OK I didn't give enough info the parking lot employess crashed my car not my friends car my friend sold his car so we talking about 2 different cars here

ScottGem · Mar 26, 2007, 05:31 AM

You didn't answer the important question. But if you hand over the keys they assume some responsibility.

Lowtax4eva · Mar 26, 2007, 10:50 AM

So they made a verbal agreement to let you park there for free for 4 months because they crashed your friends car? It doesn't make sense, there must be a part left out. Anyway if there was a verbal agreement between you, the owners of this place and your friend was there as a witness you should be OK.

I think if you can properly explain in court why you were benefitting from free parking after your friend got his car damaged then their statement that your parking there illegally should be proved wrong.

Also if they park the car for you then obviously they allowed you into the parking lot. As said above, they are responsible for any damage done after they take possession of the car.

I think you can sue, but the reason why your parking was free lacks explanation.

ScottGem · Mar 26, 2007, 11:16 AM

I don't think whether he is paying for parking matters. They accepted responsibility for the car when they took the keys.

Thinking this through some more, your insurance should cover it. This is like allowing someone else to use your car. Your insurance should pay for the repairs, they will then sue them. You can sue for the deductible.

RubyPitbull · Mar 26, 2007, 11:21 AM

Look, the bottom line is you can always sue. As ScottGem pointed out, if you hand over the keys, they must assume some liability. You just need to clearly lay out the facts and have some proof that it was damaged while in their possession. Problem is, if there was no one around who can verify they damaged the car, and you did not have any agreement or contract other than a verbal okay to use the garage, you will be hard pressed to prove your case and win your claim for damages. They obviously don't feel any remorse and are denying responsibility for this and can easily say they don't know what you are talking about. How do you defend against that unless someone can place you parking in the garage that day, when you pulled in there was no damage, when you picked it up there was? Those are the things you need to concern yourself with here.

P.S. just saw ScottGem's post. I agree. Turn it over to your insurance company.