scratched new car

I live in Texas. We purchased a new car. Only had it 3 days when lawn service mowed right beside it and rocks were thrown up and chipped the paint. The lawn service management refuses to return my calls. The receptionist denies their responsibility. Is there anything I can do?

Eileen said:

I live in Texas. We purchased a new car. Only had it 3 days when lawn service mowed right beside it and rocks were thrown up and chipped the paint. The lawn service management refuses to return my calls. The receptionist denies their responsibility. Is there anything I can do?

Click to expand...

My response:

Is this lawn service regularly scheduled ? Was mowing done on private property, e.g. someone's home, or at a public parking area? Were you aware that mowing was being done, or that it would be done when you parked ?

Have you received estimates ? What has your vehicle insurance company said they would do for you ?

IAAL

Key questions/comments:
1) Was the mowing being done on private or public property?
2) Do you know the name (and address?) of the mowing service?
3) Take good, legible pictures of the damage.
4) Get estimates (at least two).

Now, with that information at hand, do the following:
a) If the mowing was on private property, contact the property owner in writing (see below). The mowers were operating as an agent of the owner and, depending on the specifics, the owner could be liable for the damage. If on public property, that is a big problem since most municipalities are protected.
b) Also, send a copy of your letter to the mowing service (if known). Both of your letters should include the details of your claim, a copy of the lower estimate, and a 'deadline' for response (5 days after receipt). Send both letters Certified RRR.
c) If you do not get satisfaction from the letters, you will have all the ammo you need to pursue a claim in Small Claims court.