Originally Posted by
colnago62
I am not sure that would be the case, necessarily. If one were to come in to have the front end checked for damage and then a week later the front end failed, it wouldn’t be a hard stretch to say the shop missed it. Civil cases have a lower bar of proof. More than likely, if the shop tried to say that the damage occurred after the inspection, they would have to somehow prove that through photos or something. Most insurance companies would rather not go to court, so they would more than likely go for an out of court settlement.
I don't think so.. ie. the burden of proof resides with the accuser/plaintiff. In your scenario, the accuser would be asked to provide evidence that he/she for example, didn't possibly damage their own frame after inspection (eg. after running thru a deep pothole or whatnot). This is somewhat reminiscent of the JRA threads and warranty claims for frame failures from 'just riding around".