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

ok, mean if normal things can exclude liability

if go joyride, etc, can sue them, rt

liable for canny ong? wat is the out come?

from a lawyer

this case is abt that