i dun really understd, does this mean if they(mech, car jockey, etc) clearly show me, they are off the liability?



Liability poser when handing over car to mechanic, jockey

By SHAILA KOSHY

KUALA LUMPUR: If you hand over your car keys to the mechanic, service centre, car wash or hotel car jockey, do not assume you can make a claim in the event of theft and damage.

A disclaimer clause that is clearly visible and not hidden in fine print could absolve them of any liability.

However, you could sue for negligence if the disclaimer was not clearly visible and not brought to your attention before you handed over the car, said lawyers yesterday.

"The moment you give your car to the mechanic, he becomes the bailee and cannot take it for a joyride," said Mah Weng Kwai.

"The same applies for valet parking at hotels," added Ragunath Kesavan.

"Good hotels often have a disclaimer clause but for it to be effective, if it is not clearly visible, it must be brought to the notice of the guest before the car is handed over."

"If that is done, the disclaimer becomes a good waiver of liability," said Mah.

They said this yesterday when asked about liability for damage and loss in the accident along Jalan Tun Razak involving a Porsche that a workshop foreman had taken for a joyride and crashed, killing one of the friends he had taken along, in the 12.30am incident on Wednesday.

Amer Hamzah Arshad said that having insurance did not preclude a car owner from suing a workshop or hotel for negligence.

Apart from the fact that most vehicle insurance policies have an excess clause, Mah said an owner who did not want to lose his/her no-claim bonus might decide it was better to sue.

"However, the quantum that you can get will be apportioned to prevent double compensation," said Amer.

Asked whether car owners had an obligation to ask their mechanics or hotel staff whether there was a disclaimer clause if they did not see one, Mah said, "No, you must tell me. It is not reasonable for me to ask.

"The moment a car is given to a workshop, the principle of bailment applies and they must take care."

In February 2004, it was reported that a hotel here had agreed to pay for repairs to a guest's car that had been broken into while it was parked in its car park.

The car doors were smashed and locks damaged, and the guest's golf bag and clothes, worth RM1,500, were stolen.

http://www.thestar.com.my/news/story.asp?f...5886&sec=nation

Something like 'park at your own risk'

that is right.....but got limit la....showing the clause to you means that if anything happens while your car is in their premisis excludes then from liability but that does not include them taking your car for joyride or misuse your car........valet parking means parking the car for you. not taking the car to go mamak with friends......same as workshop.......they are still liable if they take your car for a ride other than the purpose of determining the problem with your car of checking to see if there is still other problem after they fix it........

best is.....stay with your car.......

ok, mean if normal things can exclude liability

if go joyride, etc, can sue them, rt

Not really though, in the article TS posted oso says that if they didnt show signs like "park at your own risk" or etc to you before you hand the car to them, its still their liability. Moreover, in the agreement act, once they collect parking fees from you when you park your car in a parking premisis, a mutual agreement occur that they are liable unless the parking is free. Just look at the Canny Ong case, the parking company is liable for the case too even they have a big "park at ur own risk" sign upon the parking entrance.

liable for canny ong? wat is the out come?

this is really interesting though, since in the article it states that you cannot make a claim if they show you the clause etc, before you hand over the keys.

So does that mean those unethical workshops can conveniently "lose" your car and still not have to pay for damages?

My friend has had this experience. He sent his SEI Perdana to the workshop for servicing. What the mechanic told him was, when they took the car out for a test run, the car skidded and crashed into a divider. The damage was bad, but it could still be repaired.

The mechanic apologized and repaired the car for free, which after my friend sold off the car. Everything was settled nicely, and its all good now.

At least, the mechanic is responsible for his damages.

from a lawyer

reminds me of yesterday's case where a porshe was taken for a joyride by a mechanic n crashed it. It's now like a scraped metal.

this case is abt that

remember the crashed porsche incident? the mechanic was enjoying a free ride until that accident happened.

Just be more careful and go to reliable workshop...

behind some parking tickets(avenue K's parking in this context)
there's disclaimers
where the company just 'rent' the space to you, and the parking fees includes only the rental fees
and it doesnt include security and whatsoever, so if car got break in or stolen, the parking company should not be liable to the damage
and bla bla bla bla

there is another way to solve the disclaimer issue. Especially if you own an expensive car like a Porsche.

Write a contract and ask the shop to sign that they are not to take the car out for stuff like joyride and if they do they are liable to pay for a new car if anything happens.

A contract between u and the shop override any disclaimer.

It's true. Say a car gets stolen after it's passed to jockey. No claim can be made from insurance co.

My former mech's staff accidentally crashed my car in the workshop. I asked how are they going to settle the damage since there is no way to claim from insurance.

They replaced the entire front end and head lights and repaired the bumper at no charge. The person who droved the car was sacked as well.

ya the tribunal for consumer damn cheap some more i heard u need to pay RM 15 for the processing fees and they will 9 tim for u. NOrmally involving in the unfair deal between shop and customer.

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Added on August 10, 2007, 11:30 pmsure la. If u are driving a Japanese car the damage car will cost the mech 1 months salary already. Wira original parts also dun come cheap

This post has been edited by kevinlim001: Aug 10 2007, 11:30 PM