QUESTION
What legal remedies are there when the service technician at car dealership crashes our car into another in their parking lot?
Asked on Feb 07th, 2017 on Breach of Contract - Oregon
More details to this question:
Took our vehicle into car dealership for a non-mechanical but necessary repair. In the process of getting my vehicle ready to leave the dealership, the service tech & another driver crashed into each other in the dealership parking lot. The dealership's auto insurance adjuster did 2 separate estimates for damages/repair, each shows that the car frame is bent & the costs to repair are more than the value of the car. It is the only mode of transport my family has. We have all the service records & could easily have kept our vehicle on the road for another 5-10years. The dealership acted as if they were willing to put us into a comparable vehicle as ours. However, they offered a vehicle worth less than ours & in poor repair. The amount that is given for total loss is far too little to get into a vehicle equal to ours in safety & being well maintained. What legal remedies besides the low amount on the total loss & a very sad replacement do we have?
1 ANSWER
You can sue the dealership for its negligence, and attempt to prove that your damages exceed the amount they claim (damages may include not only the value of the car, but other things, such as money you spent on a rental car to meet your transportation needs). Before doing so, however, you should take a look at your service contract with the dealership and make sure there is no provision in it which limits the dealership's liability in the event of such an accident.
Answered on Feb 08th, 2017 at 8:11 AM