QUESTION
Automobile Accident by Dealership employee while car was as Dealership for repair of air conditioner
Asked on May 03rd, 2021 on Automobile Accidents - Michigan
More details to this question:
On April 6, 2021, I took my car too the Dealership for repair of the air conditioner. The Dealership misdiagnosed the problem and the car was not repaired until April 26, 2021. In the meantime on April 16, 2021, I was notified that the car had been in an accident at the Dealership and they would do all the repairs at no charge to me. insisted that no Bondo should be used as the value would depreciate. They said no Bondo would be use except in small areas. i PICKED UP MY CAR ON APRIL 26, 2021 My question is as to the depreciated value of my car due to their negligence. On the back of their Service Agreement they have a Warranty Statement and Disclaimer which states: CUSTOMER SHALL NOT BE ENTITLEDTO RECOVER FROM THE DEALERSHIP ANY CONSEQUENTIAL DAMAGES, DAMAGE TO PROPERTY,DAMAGES FOR LOSS OF USE, LOSS OF TIME ,LOSS OF PROFIT OR INCOME, OR ANY OTHER INCIDENTAL DAMAGES. MY QUESTION IS THIS LEGAL AND CAN I GO AFTER THE DEALERSHIP FOR DIMINISED VALUE.?
1 ANSWER
Criminal Defense Attorney serving Detroit, MI
4 Awards
You should be able to sue them if the accident was caused during improper use of the car, that was not necessary for purposes of the repair; or if they negligently gave control of your car to someone who was irresposible. Your damages might only be worth pursuing in small claims court though.
Answered on May 26th, 2021 at 7:14 PM
The advice given here, does not establish an attorney-client relationship.