Who is liable ?

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mekongmike, Jun 27, 6:40pm
Ok, put car into garage for WOF and Starter motor repair. Job done, mechanic parked my car on the street across the road from the garage.

A truck apparently U turned, hit the front of my car (smashed in the front guard) and drove off. The mechanic didn't get the rego number.

Who is liable IF the mechanic can't find the truck owners !
mugenb20b, Jun 27, 6:41pm
You.
flashgordon_nz, Jun 27, 6:48pm
"stored at owners risk" is your typical out for them. id be looking for neighboring businesses that may have cctv footage, or cameras that cover the area in question to see if you can establish who's truck.
countrypete, Jun 27, 6:52pm
If indeed there was a truck.
gunhand, Jun 27, 6:57pm
I could be wrong but I thought that, being stored and drivin at owners risk statement has no real meaning when it comes down to it.
mugenb20b, Jun 27, 6:59pm
Imagine going to McDonald's. You park on the roadside, you are ordering a meal and someone crashes into your car. Is McDonald's liable!
countrypete, Jun 27, 7:04pm
In that situation it was you who parked the car.Better analogy would be if the McDonalds staff member parked the car.

This is actually a tough one.If the car was parked legally across the street and not in a dangerous position, and indeed it was hit by a passing truck, you are probably going to have to claim on your own insurance
mekongmike, Jun 27, 7:23pm
yeah guys, we have dealt with the same garage for 20 years and they are good guys,but have never been put to the test like this before with us.I'm sure they have told me the truth about it.car was only insured 3rd party.so.
They may feel SOME moral responsibility to help us out ,but have had great service from them for years so I probably won't push it too far. Just annoying.happened 10 minutes before I got there apparently.
75ta, Jun 27, 7:50pm
Your car was in their care so the garage is responsible for it.
carlz05, Jun 27, 7:52pm
They should have public liability insurance in their policy, ask them, it may cover this incident if they have it.
jason18, Jun 27, 7:59pm
Say if it was my business and you have been a long term customer. I would pay your excess or claim on my PL insurance. Just to keep the peace but most garages I see are stored at owners risk etc.
pugsley98, Jun 27, 8:29pm
So the garage should insure your car parked on a public St.
Yeah Right.
carmedic, Jun 27, 8:30pm
Insurance aside I really think this is the crux of the matter; the vehicle was still in the garages custody and control. Unless you instructed them to abandon the vehicle on the public highway they need to take responsibility for doing so.

So sadly in reality you??
ralphdog1, Jun 27, 9:15pm
How about this angle.
Was it reasonable for the garage to park the car in the street! (also consider that having used them for 20 years were you aware from previous visits that they did this)
pugsley98, Jun 27, 9:28pm
And where did you park the car when you dropped it off !
a18a, Jun 28, 1:16am
The person who hit the car.
mekongmike, Jun 28, 3:32am
Thanks for all the opinions.ultimately, as a18a says, it is the person who hit the car and drove off who is responsible.drove off being the operative word.
Oh well.karma has a process :)

Anyone heard of a trucking firm called SDA by any chance !
msigg, Jun 28, 5:12am
carmedic is correct,re goodwill from garage, but het end of day,maybe if damage not too bad pay as you go/deal both you and garage, put it to them. Pays to ask. Good luck. always best if you keep insurance out of it.
eagles9999, Jun 28, 6:54am
The Garage is responsible. You left the car in their custody, providing you parked it on their property when you dropped it off.(#16)They never had your authority to park it on the street. If your vehicle had got a "parking ticket" then they would have had to pay for it. Simiarly their insurance should cover the damage to your car.WEven the "stored at your responsibility" notices does not exclude them from taking full care to make sure it was parked safely
budgel, Jun 28, 9:16am
SDA is a common abbreviation for Seventh Day Adventists.
carmedic, Jun 28, 9:37am
& again you're right they're total bluff however IF the vehicle was legally parked at the time of impact they will claim they did just that.

I fully believe the garage should man-up and sort out/pay for the damage, however as I said it is/that will be a gesture of good will.
tigra, Jun 28, 9:44am
Its a very interesting query. Unfortunately unless somebody can quote chaper and verse of a legal decision I guess we will never know. My own feeling is the Disputes Tribunalwould probably decide on a 50/50 split if the truck owner cant be found.
aragorn2003, Jun 28, 9:48am
+1 for carmedic.

Legally its the truck drivers fault not the shops , they might show a moral gesture of good faith by fixing or maybe heavily subsidizing their work but its in no way their fault.

You have to think you have been dealing with these guys for 20 years as you say and by trying to prove that by them parking it on the road it was their fault your getting into some gritty stuff.
mekongmike, Jun 28, 11:52am
Yeah aragorn I agree.It is not a great car thogh was tidy.but not worth a lot and their service over the 20 years has been great and they have NEVER overcharged for work done etc.so I will probbaly just "suck it up" unless they specifically offer to help as a good will gesture. Honest and Cheap meachanics are not that easy to find.so i would prefer to still deal with them :)
carmedic, Jun 28, 1:13pm
Before you 'suck it up' make sure they know its coming out of YOUR pocket (ie you're not insured for the damage). They can get parts MUCH cheaper than you and can probably get it repaired cheaper too.