Roadside Assistance Liability: Get Reimbursement!

Questioner

I recently called for emergency roadside assistance because the heat shield (cover) of my muffler (exhaust) was hanging loose. This hood was ground off by the mechanic of the roadside assistance mechanic so that it would no longer scrape over the asphalt. The mechanic of the roadside assistance in question indicated that further repair was not necessary because he had only removed part of the protection. According to the roadside assistance mechanic I could probably continue driving with this for another year or two or longer before replacement would be necessary. He had experienced this with his private car, the roadside assistance mechanic indicated. However, while removing the heat shield, he got into the muffler of the exhaust with his angle grinder, causing a cut in the muffler of more than 7 to 9 CM. I now want to hold the roadside assistance liable for the damage that occurred and compensation for the repairs, but the roadside assistance refuses to cooperate. The roadside assistance's view is that given that my vehicle is 16 years old, they do not want to reimburse these costs because, according to them, the exhaust should have been replaced anyway. After several pieces of advice from several garages, it turned out that this was not the case and that I could have continued driving without a heat shield. How and can I hold the roadside assistance liable for the damage they have caused?

Lawyer

If you can prove that the roadside assistance mechanic failed to perform the repair that resulted in your damage, you can hold him (the roadside assistance) liable in writing. First check what the general terms and conditions say about this. It is possible that damage is excluded in such a case. Provide as much evidence as possible. If you are unable to reach an agreement (yet), I would be happy to look at your case.