Glendale, CA asked in Car Accidents for California

Q: I took my car to get a paint job but two of the employees took it out and crashed my car what can I do? Thanks

I recently took my car for a paint job to a local shop, I left my car for a week that was the time frame they gave me. When the week was up I called them and said I was going in to pick up my car, they told me that it wasn't ready because of some delays. A few days went by and apparently my car was at the impound because two of the employees of the shop took my car out for a joy ride and crashed into an other vehicle. I confronted the shop about it and they told me that they weren't even employed with them which was a lie obviously I also filed a claim with my insurance but they didn't pay for any of the damages I didn't receive any compensation from the paint shop or insurance company I lost my car and had to pay with my own money for a used car. I just want to know what action can I do if any thanks .

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

i would initially contact the police since if they employees were really not working for the shop then your car was stolen.

the shop's insurance should be responsible but the easiest route is to have your insurance pay and let them subrogate against the shops.

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Unclear why your insurance didn't pay, unless you didn't carry collision insurance. You can file a Small Claims suit versus the body shop and recover up to $10k, no attorneys involved. That would require proving that the body shop is responsible because your car was damaged during the course and scope of employment, or that the body shop was negligent in caring for your vehicle. The police report should give you a head start on that. You would probably need to subpoena the employees to the Small Claims hearing.

If you sue, bring all evidence that the car was yours, along with some kind of proof of value (receipts, offers for sale of similar cars, etc.).

Plaintiff’s Claim and ORDER to Go to Small Claims Court, Form SC-100 (Lawsuit for monetary damages);

Proof of Service; Form SC-104

http://www.courts.ca.gov/forms.htm?filter=SC

No guaranties that these are the appropriate forms or that a Small Claims Judge will rule in your favor.

An attorney can help you prepare the paperwork and organize your evidence, for a fee of course. Attorneys are not allowed at the hearing.

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