QUESTION
Does the defendant have to pay the claimants expenses for out of town travel to court if requested in the claim?
Asked on Jul 29th, 2015 on General Practice - New York
More details to this question:
I live in Rochester and the damage to my personal property occurred in NYC. I am seeking advice on how to proceed with getting repair costs paid by the parking garage that caused the damage. However, I do not wish to return to NYC for the repairs and have submitted a reasonable estimate for repairs to be performed in my home town. A claim was filled out that day (4/9/15) and several messages have been left with no satisfactory results.
1 ANSWER
No, each side (plaintiff and defendant) pays its own expenses unless their contract provides otherwise. However, there is no reason why you would have to return to NYC to have the repairs done, or would have to sue in NYC, again, unless your contract so provides (although you may not be able sue in small claims court.) You should look at the terms and conditions of your contract, which probably appear on the reverse of your parking stub. In addition to the issues discussed above, I think you will find a limitation of liability clause on there, probably limiting your damages to a small amount, which provision may be enforceable.
Answered on Jul 29th, 2015 at 12:41 PM