QuestionI left my vehicle in the possession of an auto garage for 2 days and when I returned to pick it up the front left bumper was smashed in with glass still in the light socket and on the pavement in the parking lot. I did not have pictures taken, but a police officer came out and filed a report.
The owner of the garage apparently leases Penske trucks out of his lot as well and believed that one of the Penske trucks hit it when returning in the middle of the night. He submitted a bogus claim to Penske and they sent me a letter saying that he sent them several license plate numbers for trucks that weren't even in our state (PA) at the time and that quite frankly he has no idea which truck it was, so they denied the claim.
The owner of the garage refused to take responsibility for the damage so I filed small claims against him. He submitted a claim to his insurance provider (Erie Insurance) and they will not take liability either stating that it is not a fenced in lot and he has no idea who hit the car, so it's not their fault. Now I must go to court against Erie Insurance's defense counsel.
Should I be concerned that I am going against a trained legal professional now and will this have an impact on my case?
Thanks!
Answer Hello Matt,
Clearly Penske is not going to admit liability since there is no evidence to support that theory.
On the other hand, his garagekeepers policy should cover this loss. If there is some sort of exclusion in his policy that does not cover his business when he parks cars entrusted to him in an unfenced lot, then he is personally responsible. He is the one who parked the car there, and he is the one who assumes responsibility for whatever happens there.
Have you actually received a denial letter from Erie, or are you just taking his word for it? If you did receive a letter, the correspondence should cite a specific reason for the denial. Again, if he violated the terms of his policy, then the liability falls on the garage owner. Just be prepared for this.
In my experience, I would say that if Erie is wise, they will avoid paying an attorney to represent them in court in what is a small matter for them. Expect contact from their attorney offering to settle.
If it does go to court, expect Erie to mount a defense denying their responsibility to pay the claim. They might also argue that the unfenced lot is not on his property, so therefore the loss is not covered. That is potentially a very valid defense. If this is the case, the liability extends back to the garage owner.
If you can, attempt to establish ownership of the lot before you go to court. If you can obtain the address of the lot, you should be able to find ownership through a public records search.
Make certain they can cite a specific clause in the policy that would allow them to avoid payment. If they can do that, the owner is on his own to pay your damages. I hope the suit is filed against him.
Hope this helps. Good luck!
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
