Auto Insurance Claims: Auto Repair shop has accident with my personal vehicle, mechanics lien, auto repair shop

Question
I brought my vehicle into a well know auto shop to have an oil change. I received a call from the shop that they had an accident with my vehicle. The accident occurred in their parking lot while one of the auto technicians from their company was driving my vehicle. The technician had a collision with another vehicle coming through the parking lot. The other vehicle was driven by an uninsured motorist that was cited for the accident. When I approached the repair shop they placed immediate blame on the other driver stating they have no responsibility for the accident. With a lot of effort I finally was able to get their insurance information. I have placed a claim with my insurance company which is now working with me to have their insurance to cover the repair costs. In the meantime I have no vehicle and have in countered the worst customer service I've ever seen to date from this auto shop. My question is what are the legalities to this kind of situation, what should this shop be responsible for under bailment contract. My original invoice contains a statement that says the following, I had to sign this invoice to have the original oil change on my vehicle. Having this statement, does this excuse them from having to take liability for the accident they had in my vehicle?

Johnson Tire Service is not responsible for articles left in vehicle. I hereby authorize the above repair to be done along with the necessary materials. You and your employees may operate the above vehicle for the purposes of testing, inspection, and delivery at my risk. An express mechanics lien is acknowledged on the above vehicle to secure the amount of repairs thereto. It is also understood that you will not be held responsible for loss or damage to cars or articles left in cars in case of fire, theft, or any other case beyond your control. Not responsible for goods left over 7 days.

Any information you can provide would be greatly appreciated.  

Answer
Hi Daniella,

This is a sticky situation. You should be asking this question of an attorney. The reason is that it will depend on your specific state law as to wheather or not that little disclaimer on the form you signed really has any weight. If the shop is liable, they will be responsible for the repair cost as well as a rental car or payment for loss of use from the date of the damage until the repairs are completed.

As an alternative, if you have collision coverage on the car, you could have your insurance company handle the claim and let them worry about getting reimbursed. Then you would only be responsible for your deductible.

I hope this helps
Richard Hixenbaugh