Garagekeepers Liability

Garagekeepers claims are often complex and can involve a variety of disputes including, but not limited to false advertising, products liability, premises liability, and negligent repair. Often times, they involve more than determining whether a customer’s vehicle was damaged while in an insured’s possession, or issues concerning how the loss occurred, or whether the insured was legally responsible. The nature of the each claim and the issues presented routinely vary, as do the extent of the claimed damages, and how the applicable defenses and/or policies affect the claim. Our attorneys take an unique and comprehensive approach when evaluating each claim, in order to identify and evaluate these issues as early as possible so carriers and insureds can make informed decisions about defense and resolution.

Kubicki Draper defends claims arising from alleged vehicle damage, theft, vandalism, fire, collision, and other losses involving vehicles entrusted to dealerships. It also defends claims arising from claims of false and/or inaccurate advertising, products liability, negligent repairs and services, or any other claims arising from the sale, maintenance, or activities involving an insured’s businesses operations or responsibility for customers’ vehicles. As noted above our investigations are thorough and may include vehicle condition and repair records, photographs and surveillance footage, witness testimony, security and storage procedures, valuation evidence, and the circumstances surrounding the vehicle’s custody and the alleged loss.

Coverage Issues

When a garagekeepers matter presents a coverage question, KD’s insurance coverage team provides the additional experience needed to analyze the policy and its application to the underlying facts. Depending on the matter, issues may involve care, custody, or control; applicable garagekeepers coverage provisions; legal liability and direct coverage; exclusions and endorsements; limits and deductibles; and the interaction between potentially applicable coverages.

Litigation Through Appeal

When a claim cannot be resolved on appropriate terms, our attorneys are prepared to litigate it through discovery, expert analysis, dispositive motions, mediation, and trial. If a matter continues beyond the trial court, our appellate and trial support team provides appellate counsel and strategic support on preservation, post-trial proceedings, and appeals.

Throughout the matter, our focus is practical: identify the controlling issues early, evaluate exposure realistically, control litigation costs, and position the case for the result that best serves our client.