Small Claims

This is a discussion on Small Claims within the Business and Financial Law Questions forums, part of the Legal Questions & Answers Forum category; My husband and I own a auto transport business. My husband transported a vehicle for a person. Vehicle was delivered to customer. She walked around the vehicle to inspect for ...

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    Small Claims

    My husband and I own a auto transport business. My husband transported a vehicle for a person. Vehicle was delivered to customer. She walked around the vehicle to inspect for new damages. Found nothing. Signed the bill of lading noting NO NEW damages. Three weeks later we get a letter from an attorney stating that this customer has damages to her vehicle caused by transporting and that we are liable for the damage. We turn it over to our insurance company for review and they deny the damage. We recieve a call from the customers own personal insurance company stating she is turning this in to her own insurance. They feel that the estimate is overinflated and send their own adjuster out to get a less than half of initial estimate. She gets the repairs done through her own insurance company and is now taking us to small claims court for the initial estimate cost which is more than double of what her own insurance company paid to get her vehicle fixed.
    This is all too suspicious to me as to maybe this damage was made to her vehicle after delivery by us.
    Can she take us to small claims and get this money she is asking for if she has already gotten her vehicle fixed?
    This just doesn't seem right to me..........


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    It does not matter whether she sues in small claims court before or after getting her car fixed. However just because she sues in small claims court does not mean she is going to win. What was the reason your insurance company denied the damage? I believe you have a strong case here because she signed documentation that there was no damage. Furthermore, she waited 3 weeks to have her lawyer send you a letter and she could have damaged her car within that time frame. Bring all the paperwork with you to small claims court, including the estimates from her insurance company. Also keep in mind that you are allowed to be represented by a lawyer in small claims court although many people choose not to do so.
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