How should I handle this dispute.

[RootCanal05]

I garage my car in NYC and I treat the attendants nicely (tips, food), Saturday afternoon I go to pick up the car and as I'm removing my bumper cushions I notice a small dent on the lip of the trunk just behind the spoiler. I call one of the attendants over and of course they don't know anything. I take off the bumper cushion and lift my second rubber cushion (yes I have two) and the damage is pretty bad. They managed to puncture my foam cushion and my one inch rubber cushion thru to the bumper. The bumper crinkled like paper. They hit so hard it bent the rebar behind the bumper and it's almost poking out thru the bumper. One attendant said they likely backed into the car lifts. I suspect the attendant fooling around and mistaken reverse for first and hit the lift. So the headache comes from them wanting me to use their preferred garage to "repair it." BMW says I'd likely need a new bumper and to beware of those garages because they use $30 aftermarket bumpers to save a little coin. What's my odds in small claims? If they pay part of it and I have it repaired by BMW can I take them to small claims for the difference?

[xerox445]

You can choose the repair shop. Your going to need to file an accident report and file a claim with their insurance company though.

[mike06612]

My experience was as soon as I wanted to do anything other than take it to their mystery guy over on 10th ave or whatever, they pulled out the notice that all cars had to be inspected when they were dropped off, and as there was no inspection, they would not acknowledge they caused any damage.

They damage dozens of cars a week. I would expect they know every single way not to pay. I would bet if you don't take it to their guy, they won't give you a penny.

Don't know if small claims would work or not, I'm guessing like the lot we used, they have a bazillion clauses to get out of it.

[pinmagic]

They can pull out all kinds of excuses, but just cause they print them on a sign or a piece of paper doesn't make them binding. I'm not an expert on this stuff, but I can tell you that they're liable for damage they cause, regardless of signs and printed notices. Those things are there to dissuade people from pursuing it, but they're not legally binding.

As for an inspection at drop-off, that would be to prove they caused the damage. Haven't they already admitted that? Do you think a court would say "oh, you admitted you damaged her car, but since it wasn't inspected first, you're not liable"? Don't think so.

[RootCanal05]

Originally Posted by xerox445

You can choose the repair shop. Your going to need to file an accident report and file a claim with their insurance company though.

File a accident report with the Police even nearly a week after the incident?

[IGoFast1589]

Damn, that's why I don't drive my car into the city... My dad has an apartment in NYC and he has a permit that he pays for monthly to park his car in the garage and his car is mangled from over the years. Good luck with your situation, I would be relentless with that garage until I got what I wanted if I were you.

[MPBK]

Did you drop off the car and had them valet park it for you, or did you drove in without them knowing and parked it yourself, as in you have a monthly rent with them?

[RootCanal05]

Originally Posted by MPBK

Did you drop off the car and had them valet park it for you, or did you drove in without them knowing and parked it yourself, as in you have a monthly rent with them?

Unfortunately, it's valet parked. I hate doing that but the alternatives aren't any better.

[MPBK]

Originally Posted by RootCanal05

Unfortunately, it's valet parked. I hate doing that but the alternatives aren't any better.

So you give them the key and they park it for you.
I don't get the excuse of not having inspected the car. They can inspect all they want, they have the key. If they didn't do it, that's their problem, no?
They are absolutely responsible. I don't see why this would be any different than a fender bender. Get their insurance company and make the claim directly with them.

[RootCanal05]

Originally Posted by MPBK

So you give them the key and they park it for you.
I don't get the excuse of not having inspected the car. They can inspect all they want, they have the key. If they didn't do it, that's their problem, no?
They are absolutely responsible. I don't see why this would be any different than a fender bender. Get their insurance company and make the claim directly with them.

OKay thanks, I'll give that a try but I'm expecting heavy resistance. My previous garage broke my window but back then the car was only months old and it was easier to get them to pay for BMW to fix it. I'll keep you posted, I may need more advice.