Can I sue the mechanic who wrecked my car after I got a part replaced if both drivers were at fault and I wasn't there? 9 Answers as of July 22, 2013

After getting my starter replaced at a local shop from what I have been told backed my car up and a lady trying to get around a tow truck in the parking lot zipped through parking spots and hit him as he backed out. The police were called and since it was on private property, they didn't do much or declare fault. Now the lady's insurance is saying both drivers were at fault while the mechanic said it was her fault and apparently in North Carolina if he is at fault my insurance has to pay by law? Due to some law saying I gave this mechanic some unsaid permission to drive my car and that because of that I would have to pay. So what I want to know is if I can sue the mechanic who wrecked my car especially since he isn't listed as an employee for the shop through the BBB and both of them were at fault. I was not even there and had nothing to do with it. Can I make them pay for my repairs? Do I need to hire an attorney and go to civil court? Please help thank you.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
You should sue both.
Answer Applies to: Michigan
Replied: 7/22/2013
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Make a collision claim on your car insurance and let your insurance company worry about getting their money back.
Answer Applies to: Alabama
Replied: 7/18/2013
Candiano Law Office
Candiano Law Office | Charles J. Candiano
This is NOT an Illinois question When you gave the car to the mechanic, it was a "b ailment" The mechanic MUST return the car to you in the same condition it was received. This is a non-delectable duty.If another driver was at fault, the mechanic or his insurance can go after them.
Answer Applies to: Illinois
Replied: 7/18/2013
S. Joseph Schramm | Joseph Schramm
If the mechanic will be able and willing to repair the damages done to your car the point is moot and you will not have to sue anyone. However, you might have to worry about being sued by the owner of the other car involved. if that turns out to be the case you would seek reimbursement from the mechanic for the amount of damages you might be held responsible to pay.
Answer Applies to: Pennsylvania
Replied: 7/18/2013
Vasilaros Legal,LLC
Vasilaros Legal,LLC | Steven T. Vasilaros
If the mechanic shared fault, he should pay his share. You can hire an attorney and sue all parties. However, it would be a lot less expensive to you to allow your own Insurer to repair your car under your collision coverage. Your insurer would most likely take the other two companies to arbitration at their expense, and would recover their payment and your deductible. Again, this is cost free to you.
Answer Applies to: Florida
Replied: 7/18/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Why don't you let your insurance co deal with the issue. That is what insurance is for. Take the employee to small claims court if you wish but doesn't sound like much of a case.
    Answer Applies to: North Carolina
    Replied: 7/18/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    The mechanic is responsible for damage done to your car when it is in his possession; that is called a b ailment. If he can get the other driver's insurance to pay, then fine, but he is responsible to you.
    Answer Applies to: Florida
    Replied: 7/18/2013
    Law Offices of Andrew C. Sigal | Andrew C. Sigal
    If this incident occurred in North Carolina, then you will need to contact an attorney admitted to practice law in North Carolina. Every State has its own procedures and rules. If it occurred in California, then you can sue both the mechanic and the driver of the other vehicle. This will force the two drivers to point the finger at each other. It will make it easier for you to resolve this matter to your satisfaction. Again, if in California and the damages to your vehicle are $10,000 or less, you do not need a lawyer. You can sue both of these individuals in Small Claims court.
    Answer Applies to: California
    Replied: 7/18/2013
    Gates' Law, PLLC | Thomas E. Gates
    You need to hire an attorney to assist you. While you may have given someone permission to drive your car, you are not responsible for their negligent acts. The mechanic is liable for payment for the damages.
    Answer Applies to: Washington
    Replied: 7/18/2013
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