If I leave my car with a mechanic and they park it in their parking lot overnight, and someone rear-ends my vehicle and leaves, who is respo...

Question

If I leave my car with a mechanic and they park it in their parking lot overnight, and someone rear-ends my vehicle and leaves, who is responsible for the damages? Is the repair shop responsible because they have "custody" of my vehicle, or am I responsible because it was in the parking lot of shop and they didn't actually cause the damage?

Answer

This actually might fall under the theory of "bailment." They should report it to their insurance carrier. Under bailment, there is a presumption of liability of the person who is holding goods in a bailment.

Sharon Campbell