A garage owner damages my car while it was getting repaired. I took him to small claims court, but my case was dismissed. What can I do? 10 Answers as of February 09, 2012
While getting my car repaired, the mechanic put a long dent along the side of my VW and is refusing to pay for the cost. I took him to small claims court and it was dismissed and the appeal was denied without an explanation. What is my recourse as I am on disability and have a limited income. Thank you!Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click hereThe Law Offices of Paul A. Samakow, P.C. | Paul A. Samakow
The fact that you are on disability and have limited income has absolutely nothing to do with anything here. You went to court. You lost. Your appeal was denied. Your case, unfortunately, is over. Sorry to be the bearer of the bad news.
Answer Applies to: Virginia
Replied: 2/9/2012
Klisz Law Office, PLLC | Timothy J. Klisz
Why was it dismissed? This is clearly a garage keepers liability claim, unless the facts are messed up.
Answer Applies to: Michigan
Replied: 2/9/2012
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Don't know state of Washington, but if you have had a trial and you lost the appeal there is no re course generally. If all of your appellate opportunities are gone there is nowhere to go. , Report it to your own carrier if you have collision or comprehensive coverage and see if they will help.
Answer Applies to: North Carolina
Replied: 2/9/2012
David F. Stoddard | David F. Stoddard
Usually when a case is dismissed, you cannot re-file because it is res judicata, meaning it has been decided. Unless it was dismissed on some ground that would allow you to re-file, you can appeal to a higher court, or let it go.
Answer Applies to: South Carolina
Replied: 2/9/2012
Nelson & Broadbent | Kelly Broadbent
If you have auto insurance, report the accident to your insurance company. They will go after the other party for the property damage.
Answer Applies to: Massachusetts
Replied: 2/9/2012
The Barrister Firm | Christopher Benjamin
If you were unsuccessful at both the trial and appellate levels, then your case is done (unfortunately). The Courts are your last options and once they've made their rulings that's it with your dispute.
Answer Applies to: Florida
Replied: 2/9/2012
Adler Law Group, LLC | Lawrence Adler
There is no appeal from small claims verdicts. The big question is why it was dismissed to begin with. If it was for some procedural ground, you may be able to re file if you are still within the Statute of Limitations. If the case was heard and decided against you, your only recourse is thru your own insurance if you have any for this.
Answer Applies to: Connecticut
Replied: 2/9/2012
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
The plaintiff in a small claims action does not have a right to appeal.
Answer Applies to: California
Replied: 2/9/2012
The Margolis Firm | Charles J. Candiano
Sorry but you would need to tell us why your Small Claims case was dismissed. The simplest way to handle this would have been to claim it on your auto insurance and let the insurance company seek reimbursement from the mechanic.
Answer Applies to: Illinois
Replied: 2/9/2012
Dwyer, Black & Lyle, LLP | Kevin Habberfield
Submit the claim to your insurance carrier and let them deal with it. That will get your car fixed. To win a case you have to prove that the damage occurred while he had possession or by one of his employees. That will be tough as none of them will testify to that and you didn't see it happen. May have an argument re: bailment though. Google it. If on limited income, could call local legal services bureau to see if they can help you. Also, can file suit in a higher court and start from scratch. Ultimately, if insurance will pay, just have them do it and be done with it. Damages probably do not warrant spending time in court.
Answer Applies to: New York
Replied: 2/9/2012









