Titan Motorsports is well aware what their liability coverage and waiver can and cannot cover, and in this case, unfortunately, Titan Motorsports is probably covered.
In a logical world, if you damage your friends car while you’re working on it, it’s on you to repair it. It’s the right thing to do and, in most cases if your friend is really a good friend and he can afford it, he’ll just take up the repair job himself and all is forgiven. But in a worker-client relationship, it’s just business, you damage a customers car, you should repair it. There is one exception if that customer signed a liability waiver. As per WESH 2 news on their report on Titan Motorsports and their latest court battle they’re fighting with a customer they reported on earlier yesterday (Nov. 19, 2018) TM thinks that since the customer signed a liability waiver, they’re out of the clear. I hate to break it to the customer, but that’s probably true.
It’s an overall bad situation for both parties. The facts of the case are that a customer, Vince Hansen, took his car to Titan Motorsports to get parts installed. While at the shop, his car was damaged when a mechanic made an illegal U-turn, causing him to crash into another car. That mechanic is definitely at fault and will be prosecuted to the full extent of the law but as for Vince’s Audi? He’s now claiming that Titan Motorsports should repair his car, which they should, except Vince signed a liability waiver of some sort which shifts the liability in the case of any damages from the shop to the customer.
There are inherent risks to tuning cars and test drives on public roads is one of them. Sure, the mechanic did make an illegal U-Turn, but that, in and of itself, is not enough to overturn the liability waiver. One of the most common ways this case will fold over in favor of Vince is if the waiver was poorly written and not clearly executed, which I doubt given how long Titan Motorsports has been in business.
This liability waiver business does not remove the right to sue, which is what Vince is doing.
I’ll be curious to see what the judge makes of all of this.
Source: WESH 2