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Hired Mechanic Injured

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J

jrakow

Guest
What is the name of your state? Michigan

I sent my car to a repair shop to diagnose an
electrical problem. The mechanic said I needed a new alternator and battery, but
that I might be able to get by with just a battery. His price for the
battery and labor was very high and I decided to purchase and install one myself. Since the car was not operating and could not be driven from the service station without a new battery, the mechanic, who is the owner of the shop, suggested that I purchase a battery from another store and bring
it to his shop and install it myself. I would then pay him $49 for the inspection. He also said he would help me
jumpstart the car after I installed the battery. So, after I installed
the battery, he brought a portable jumpstarter to my car. He hooked it up to the battery and asked me to start the car. He was standing in front of the car. When I turned the key, the car lurched forward and broke his leg.
The ambulance came and took him to the hospital.

The event occured on the private property
of the repair shop. The mechanic was wearing the shop uniform and was acting as a representative of the business, repairing my car. The car, which has a manual transmission, was last parked by a shop mechanic, presumably in gear, or else the car would not have lurched forward.
The car engine will not turn over if the clutch is not depressed, but the car will not power forward unless the clutch is released enough to engage the gears. Apparently, I had pressed the clutch in enough to turn the engine,
but not enough to be completely out of gear.

My questions to you:
1) Am I liable, as the vehicle operator at the time of the accident?
2) Should I report this to my auto insurance company?
3) Do you have any further advice?

Happy Holidays to all.
 



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