I park my motorcycle(Ducati 848) at a garage on the upper east side in Manhattan. One morning the valet at the garage knocked my bike over while removing another car. The owner of the garage said he would review the camera video and come back with something. He later came back saying that he would try to get it fixed, he then failed to get someone to fix it and said I should go ahead and find something. I gave my motorcycle to Gold Coast Motorcycle at Hyde Park and presented him with the estimate to the amount of 5000$. He now says that he is not willing to pay , and will give me only 1200$ and if i dont want that I can go 'screw myself'. Should I pursue this situation or should I take what I can get ?
2 Answers from Attorneys
Mail a certified mail letter to the garage owner asking him either for the cost of repair (with copies of estimate) or alternatively, to ask him to find some outfit to fix it for you as the cycle was before the accident. Provide him two (2) weeks. Warn him of your inititation of an action if he fails to heed; proceed to file a small claims action against the garage in small claims court. This will definitely get his attention.
The garage is responsible for the damage to your bike, you can take them to small claims court, where you can file for up to $5,000.00. You don't need a lawyer for Small Claims, the process is simple and not expensive.
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