deductable rumb
Member
What is the name of your state (only U.S. law)? Illinois
I took a used vehicle from an auto dealer to a mechanic for inspection. Prior to taking the vehicle, I signed an Assumption of Liability. After my mechanic (newly opened shop) looked it over, he parked it just in front and to the left of a 2-foot tall concrete pole, where once seated in the driver's seat it would seem perfectly fine to pull forward. As I pulled forward the pole caused extensive damage to the bumper, headlight, and right fender. I mentioned this to the mechanic's wife, who is his secretary, and she mentioned this is not the first time this has happened. I stated they should slip something over the pole so it is more visible, but they stated they could do nothing as the pole is not on their property, also indicating to me that the damage is not their responsibility. I drove straight over to my insurance agent who stated it would be covered under my policy as a temporary vehicle, etc, and that I would only be out my $500 deductable, however the dealer's insurance would have to deny the claim. The dealer states my insurance denied the claim, and sent me a letter asking for their $1000 deductable, along with their repair estimate of $1700. An adjustor with my insurance estimated the repairs at $1400. There is no proof that the dealer submitted it to their insurance nor that their deductable is what they say. They have my $150 refundable deposit they won't refund until this is settled (so I would actually just owe them $850). Legally, am I obligated to pay them a cent and are they likely to come after me for the money considering the circumstances? The liability form I signed states I would also be responsible for any legal fees they would incur collecting money for the damages. As an interesting side note, the repair estimate the dealer sent me included replacement of the fuel door, however the absense of that fuel door was a pre-existing problem even noted on my mechanic's inspection write-up. Thanks in advance.
I took a used vehicle from an auto dealer to a mechanic for inspection. Prior to taking the vehicle, I signed an Assumption of Liability. After my mechanic (newly opened shop) looked it over, he parked it just in front and to the left of a 2-foot tall concrete pole, where once seated in the driver's seat it would seem perfectly fine to pull forward. As I pulled forward the pole caused extensive damage to the bumper, headlight, and right fender. I mentioned this to the mechanic's wife, who is his secretary, and she mentioned this is not the first time this has happened. I stated they should slip something over the pole so it is more visible, but they stated they could do nothing as the pole is not on their property, also indicating to me that the damage is not their responsibility. I drove straight over to my insurance agent who stated it would be covered under my policy as a temporary vehicle, etc, and that I would only be out my $500 deductable, however the dealer's insurance would have to deny the claim. The dealer states my insurance denied the claim, and sent me a letter asking for their $1000 deductable, along with their repair estimate of $1700. An adjustor with my insurance estimated the repairs at $1400. There is no proof that the dealer submitted it to their insurance nor that their deductable is what they say. They have my $150 refundable deposit they won't refund until this is settled (so I would actually just owe them $850). Legally, am I obligated to pay them a cent and are they likely to come after me for the money considering the circumstances? The liability form I signed states I would also be responsible for any legal fees they would incur collecting money for the damages. As an interesting side note, the repair estimate the dealer sent me included replacement of the fuel door, however the absense of that fuel door was a pre-existing problem even noted on my mechanic's inspection write-up. Thanks in advance.
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