rights?

What is the name of your state? New York

My neighborhood garage locked my car keys in my car and then obviously tried to pry the door open. Their attempt resulted in damage to the body of my leased vehicle as well as the door. Since reporting the incident I have been given the run around. I've been told to return numerous times, have been provided atrocious customer service, have been refused information (ie: supervisor names/contact information) and have been told that the facility does not pay for "that type of damage" only dents, scratches and broken glass. I don't understand how a parking garage has the right to pick and choose what repairs they cover and I believe that the behavior of the staff aside from irresponsible is questionable. I have not been able to locate any information regarding this business online (ie- BBB). I'd like to inquire regarding my legal rights, and whether I should seek representation.

Do you have comprehensive coverage on your insurance? If so, let them handle the claim and go after the garage. Usually comp claims are "no fault" but in this case you clearly know who damaged your vehicle. Your other alternative is to take the company (and/or the specific employee) to small claims court.

ecmst12 said:

Do you have comprehensive coverage on your insurance? If so, let them handle the claim and go after the garage. Usually comp claims are "no fault" but in this case you clearly know who damaged your vehicle. Your other alternative is to take the company (and/or the specific employee) to small claims court.

Click to expand...

Are you sure this is comp? I would think collision. Collision pays no fault claims. Comp is theft and vandalism. I believe that the damage, while accidental, wouldn't qualify for comp.

moburkes said:

Are you sure this is comp? ... Comp is theft and vandalism.

Click to expand...

They were attempting to access the car.

They were doing this to cover their own mistake (locking the keys in), not as agents of the car owner acting in good faith.

That sounds like vandalism to me.

xylene said:

They were attempting to access the car.

They were doing this to cover their own mistake (locking the keys in), not as agents of the car owner acting in good faith.

That sounds like vandalism to me.

Click to expand...

I know what you mean. Collision covers accidental damage, which is where I was coming from. This was accidental damage. Comprehensive doesn't cover "no fault", which is where I was confused, in ecmst12's explanation.

It's comp because there was no COLLISION. I'd describe the damage as vandalism, that's closer to what happened then a collision.

What I meant by "no fault" is that fault is not usually assigned for comp claims, and another person wouldn't usually be liable (or identified to be held responsible, in the case of theft/break in). The difference between hitting a tree (collision) and hitting a deer (comp) is that the driver is at fault for hitting the tree, the deer can't be held legally responsible for the damage to the car, but the damage isn't the driver's fault either. So no one is recorded as being "at fault" for the accident and rates can't be surcharged.

ecmst12 said:

It's comp because there was no COLLISION. I'd describe the damage as vandalism, that's closer to what happened then a collision.

Click to expand...

I get it. I said that it was the "no fault" part that threw me off.

I edited, make sense now?

ecmst12 said:

I edited, make sense now?

Click to expand...

Yes, however, I already knew about that! Remember!