Motorcycle damaged by storage company.

[jleonard]

Massachusetts

I had a storage comapny take care of my motorcycle over the winter months. Come March, I went to pick it up and right away noticed damage to it. The cover had been torn off in parts and upon further inspection it had been seriously damaged. The estimate in repair costs was $4966.

In my contract with the storage company they said they are not responsible for damages to their clients possessions. They gave me a claim form I had to fill out and include the damage estimate on.

The very day it happened, I called my insurance company and was advised to file a police report, which I did that same day. And I also took photos of the damage.

I am afraid the storage company is going to tell me to buzz off and decline to pay for the damages they so obviously caused. What should I do? Would a lawyer be able to help me? What about reclaiming costs for my time involved in getting this stuff all sorted out? (Time off from work, delivery charges, etc)

Help!

Joe...

[teflon_jones]

What was the storage company doing that they caused $5000 in damages? I don't understand how that could happen...

[jleonard]

Frame on the motorcycle was replaced. Thats a $1600 part. Lots of other things replaced as well. There are many ways to damage a $12000 motorcycle.

The storage comapny doesn't know how it happened, nor that it had happened. Or so they claim. I'm sure one of the workers did the damage and covered it up. The damage could have occured between the day I put it in storage (November 2004) and when I got it out (March 2005).

My guess was that they drove by the motorcycle with a forklift (They use these alot) and got it hooked on the bike and damaged it that way.

Joe...

[teflon_jones]

Unfortunately, without proof of how the damage occurred, you're fighting an uphill battle. Your best bet is that they'll offer you some settlement to avoid going to trial. If I were you, even if they offer you a settlement for less than the amount of the damages, I'd think about taking it.

[jleonard]

I don't think HOW the damage occured should have anything to do with this. It was left in brand new condition when I gave it to them, and when I got it back it had $5000 worth of damage to it. I don't care if they did it with a chisel and hammer, or backed into it with a forklift. Doesn't it just make sense that they should be held responsible? How could any person NOT find them responsible?

[teflon_jones]

Was it in a locked area that only the storage company had access to, or was it parked in a common area? If it was parked in a common area, you can't prove that another customer didn't damage it. That's the problem with holding them responsible. I'm assuming it was in a common area.

I have a vague recollection of a similar case like this though that just came to mind, where the customer did win their damages. I'm not sure if it was a MA or NY case (where I'm originally from). I'll have to look it up tonight.

[jleonard]

It is in an open area, but customers are not allowed to enter unsupervised. For instance, when I went to pick up my bike, I walked in with a worker to get to my bike, at which point he watched me until I was done and left the building with my belongings.

If I reverse the situation and someone trusts me enough to store their belongings at my house. While in my possession they are damaged, wouldn't I be held accountable? I could claim a robber entered the house and damaged them, but is that really enough to win a court case?

[mathguy]

Originally Posted by jleonard

Massachusetts
In my contract with the storage company they said they are not responsible for damages to their clients possessions.

i assume you agreed to and signed this contract. Will auto insurance on the bike cover the damages?

[jsecape]

I worked at a storage (was it uhaul)
they suck
well if I did not get insurance with then
you are SOL