Who is responsible for damages to a vehicle that was towed at the business' request?
Full Question:
WE IMPOUNDED A VEHICLE FROM A BAR A FEW MONTHS AGO. THE CUSTOMER CAME TO PICK IT UP THE NEXT DAY, CLAIMED THERE WERE SCRATCHES ALL THROUGHOUT THE VEHICLE. WE EXPLAINED TO HIM IT WAS TOWED ON A SELF LOADER THAT DOESNT TOUCH THE EXTERIOR OF THE VEHICLE AT ANY TIME DURING LOADING OR UNLOADING. HE PAID THE FEES, TOOK THE KEYS DROVE AWAY WITH OUT GIVING US THE CHANCE TO INSPECT THE VEHICLE OR TAKE PHOTOS. NOW 2 MONTHS LATER HE WANTS US TO PAY FOR REPAIRS IN SMALL CLAIMS COURT. NOT SURE WHAT HIS CASE IS SINCE HE LEFT AND ACCEPTED THE VEHICLE. HOW CAN THE COURTS BE SURE THE DAMAGES WERENT PRE EXISITING?
09/17/2007 |
Category: Civil Actions |
State: Arizona |
#8811
Answer:
It will be an evidentiary matter involving business records, photographs, and the credibility of oral testimony. Sometimes an expert opinion is offered as to the cause or timing of something, using forensic evidence. Please see the information at the following links:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=wa&vol=2004_app/216730maj&invol=3
http://definitions.uslegal.com/d/demonstrative-evidence/
http://definitions.uslegal.com/c/circumstantial-evidence/
http://definitions.uslegal.com/f/forensic-science/
