what kind of attorney would you get if your car was damaged by a delaership

by Miss Delphine Tromp 8 min read

Do I need a lawyer for a car dealership lawsuit?

Feb 25, 2015 · If you have any car dealership problems, here are some of the remedies that our attorneys can get for you. 1. Get your money back. Our auto fraud attorneys can get you your money back if the dealership has committed fraud against you. You don’t deserve to be a victim of auto fraud; you deserve to get your money back for the dealership scams.

Can I sue a car dealership for defrauding me?

Dec 12, 2011 · Posted on Dec 12, 2011 The dealer had your car in "bailment," and as bailee, they're liable for the damages they caused. But there aren't grounds for any kind of punitive damages, let alone whatever maximum ones are. Inconvenience isn't compensable... Helpful Unhelpful 0 comments Pamela Koslyn View Profile Business Attorney in Los Angeles, CA

What to do if you have problems with a car dealership?

An automotive lawyer may also reach out to the repair shop and/or mechanic on a vehicle owner’s behalf before filing a claim. By opening communication lines, the lawyer may be able to persuade the repair shop to either fix the damage or to settle out of court, so no one has to experience the added stress of a trial.

Who is responsible for damage to a car at a dealership?

Jun 27, 2016 · 1) A vehicle arrives undamaged and the dealership staff damages it. 2) A vehicle arrives undamaged and another customer hits the vehicle in the parking lot. 3) A vehicle arrives damaged, but the ...

Can I sue a dealership for not giving me a title in Texas?

You shouldn't wait if a dealer isn't giving you the title. Our attorneys regularly represent people who can't get the dealership to just give them the title like they were supposed to. It's an illegal practice and an unfair one, and most states have laws that give you a right to sue over unfair business practices.Nov 3, 2021

Does a car dealer have to disclose an accident in Texas?

The answer is no, disclosure is not required by law, but it is a very good idea. A dealer has a duty to disclose any known issue or defect that might affect the merchantability of a vehicle.Jul 27, 2017

How do I file a complaint against a car dealership in Texas?

Complaints Against Vehicle Dealers You can file a complaint whether you are a consumer or a vehicle dealer. For additional information or assistance with enforcement actions, call us at (888) 368-4689 or (512) 465-4204.

How many days do you have to return a used car in Texas?

30 days, as long as you bought the car in Texas. The question of “how long can a mechanic keep my car” changes, however, if the situation doesn't involve defect-related repairs. Your mechanic has the right to keep your car and charge you for storage if you don't pay your bill.

When Is The Mechanic Liable For Damages Resulting from Faulty Service?

A mechanic is liable for damages caused by his or her negligence. For example, suppose your mechanic rotates your tires, but fails to properly reat...

What About The Contents of My Car?

Always contact law enforcement if items are stolen from your vehicle. Law enforcement can investigate the theft—and may help you identify the culpr...

What If My Car Is Stolen from The Repair Shop?

While it has your car, the mechanic shop must take reasonable care to protect it. If the mechanic leaves your keys in your unlocked car, he or she...

Should I Contact A Lawyer?

Claims involving auto mechanics can involve a wide variety of legal issues— including bailments, garage keepers laws, negligence, and products liab...

What happens if you buy a car and it breaks down?

You bought a car and it broke down soon after you drove off the lot, You bought a car without being told that it has been in an accident or that it is defective or has frame damage, You bought a car with a warranty that the dealer won’t honor , or you are being told that your repair is not covered due to exclusion, or.

What is the California car buyer's bill of rights?

Laws in California, like California Car Buyer’s Bill of Rights, are designed to protect innocent consumers and car buyers who think they are getting a good deal when they are actually being sold a car that was in a prior accident, or a vehicle that is defective, or a contract for more than the advertised price.

What happens if you buy a car?

Talk to Our Lawyers that Deal with Car Dealerships If This Happened to You 1 You bought a car and paid more than the advertised price, 2 You bought a car and it broke down soon after you drove off the lot, 3 You bought a car without being told that it has been in an accident or that it is defective or has frame damage, 4 You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to exclusion, or 5 You bought a car and later found out that the car dealer has lied to you.

Can you talk to a car dealership lawyer?

You can talk to our car dealership lawyers if you have any suspicion of being a victim of auto fraud. If you have any car dealership problems, here are some of the remedies that our attorneys can get for you.

Can you return a car if you don't want to?

In some cases, if you don’t want to return your car and still have issues with the vehicle, our car dealership attorneys can help you keep your car and make the dealer pay for the repairs. These pre-existing damages that were not previously mentioned when buying the vehicle have a potential case for the dealer to repair at no cost to you.

Who pays legal fees in California?

Under the consumer laws in California, legal fees are usually paid by the dealership that breaks the law. Typically, when a case goes to trial, the legal fees are awarded by the court. If the case is dismissed or dropped, the client does not have to pay anything.

Do used cars have problems?

A salesman at the car dealership often tries to make buyers believe they got a deal, but in reality, used cars often have problems that buyers don’t know about. Many used car dealers sell cars with frame damage and defective engines. Laws in California, like California Car Buyer’s Bill of Rights, are designed to protect innocent consumers ...

2 attorney answers

Short answer--No. Unless the vehicle was involved in a collision with under frame damage, there will be no 'carfax' report or DMV report--if purely cosmetic, no effect upon depreciation...

Rixon Charles Rafter III

The dealer had your car in "bailment," and as bailee, they're liable for the damages they caused. But there aren't grounds for any kind of punitive damages, let alone whatever maximum ones are. Inconvenience isn't compensable...

Can you sue a car dealership for bad service?

You can sue a car dealership for bad service if your vehicle is defective and have problems under warranty that the dealership repair shop is ...

Can you sue a lemon law company for a buyback?

You may be entitled to a lemon law buyback compensation reimbursement. By using the rights and protections provided by the lemon law, many consumers of defective vehicles that are getting the run around from automobile manufacturers can now sue them for financial compensation.

What can an auto lawyer do?

An automotive lawyer may also reach out to the repair shop and/or mechanic on a vehicle owner’s behalf before filing a claim. By opening communication lines, the lawyer may be able to persuade the repair shop to either fix the damage or to settle out of court, so no one has to experience the added stress of a trial.

What is a mechanic repair lawsuit?

Mechanic repair lawsuits refer to a large umbrella of cases that involve issues regarding vehicle repairs and mechanics or automobile repair shops. For example, a car owner may sue a mechanic for performing unauthorized or unnecessary repairs, providing false or misleading payment estimates, or for breach of warranty.

What can a car owner do for a garage?

One thing a vehicle owner can do for a car damaged by garage during service is to sue either the repair shop and/or the individual mechanic. For example, if a mechanic caused damage to a car while they were repairing it, then the owner can hold them liable for those damages. Alternatively, if the repair shop has an insurance policy, ...

What is garage keeper liability?

The majority of states also have regulations (known as “garage keeper liability laws”) that protect both the vehicle and the items that are attached to the vehicle. For instance, a mechanic may be held liable if a vehicle’s tires, stereo system, or other car parts are stolen.

What does a car owner have to prove to the mechanic?

The vehicle owner will also have to prove that the misdiagnosis was foreseeable, the mechanic’s carelessness caused the property damage, and that the damage done to the car is quantifiable.

Why are auto repair laws enacted?

Each state has its own set of auto repair laws that go by various names, but are primarily enacted for the purposes of protecting the average consumer. For instance, many states have laws that address unfair and deceptive practices in car repairs.

Can a mechanic fix a problem for free?

Savvy businesses strive to keep their customers happy, so oftentimes a mechanic will repair the problem that they caused for free. If the mechanic and/or repair shop refuses to or cannot fix the damage done, then the vehicle owner should consider taking legal action.

What happens if a car dealership is at fault?

If the dealership is at fault, they will more than likely accept responsibility and make the necessary repairs at no charge to the customer. If a dealership is at fault, customers may wonder how that will affect the customer’s insurance rates. The answer is: it won’t. The dealership will cover the costs of repairs and your insurance company will be ...

What are the most common scenarios of a vehicle arriving undamaged?

The four most common scenarios are: 1) A vehicle arrives undamaged and the dealership staff damages it. 2) A vehicle arrives undamaged and another customer hits the vehicle in the parking lot. 3) A vehicle arrives damaged, but the customer does not legitimately know about the pre-existing damage. 4) A vehicle arrives damaged, and ...

What happens if someone reports an accident to the police?

If that someone reports the accident to the police, then it is a matter between you and the guilty party to resolve. The dealership will assist with any collision repairs (paid by any combination of you/the guilty party/the insurance company) and serve as a liaison between you and the insurance companies.

Can a customer entrust their car to a dealership?

Customers entrust their vehicles to car dealerships for standard repairs and maintenance . Occasionally, however, customer’s vehicles are damaged while on a dealership’s premises, and these situations can cause stress between the customer and the dealership and need to be addressed. For instance, let’s say a customer picks up his vehicle from ...

Does a dealership have a video camera?

But the dealership is not responsible for any damage caused. Many dealerships have on-site video cameras for security reasons. These cameras help to deter theft, but they are also useful sometimes in tracking damage to vehicles.

Should a dealership be responsible for damage?

The dealer should accept responsibility for damage in only one of the above scenarios. If the dealership is at fault, then it should fix the damaged vehicle or financially compensate the customer. Dealerships gain nothing and can only lose by shirking their legitimate responsibilities and sending customers away unhappy.

Does the dealership cover repairs?

The dealership will cover the costs of repairs and your insurance company will be reimbursed by the dealership’s insurance company or the dealership will absorb the repair internally, depending on the amount of the damage.

What are the remedies for a car accident victim?

Some possible remedies that the victim may be entitled to collect on include: Surrendering the vehicle and getting a full refund of all payments made toward the purchase. Canceling any outstanding loan balances or obligations. Having court costs and attorney fees reimbursed.

Can you sue an auto dealer for fraud?

If you believe you have been the victim of auto dealer fraud by way of misrepresentation, you may very well be able to file a lawsuit. Some states will require you to contact the dealer first to give them the opportunity to correct the matter or to speak with a state consumer protection agency.

What is a car service business liable for?

An automotive service business or car dealership may be liable for faulty repairs or maintenance. Such negligence results in accidents, and causes damage and injuries. Common types of defective mechanical work may include:

What are the most common mechanical causes of road accidents?

Some other common mechanical causes of road accidents include the following: • Defective Tire Treads. • Bad brakes.

What are the factors that contribute to vehicle accidents?

Vehicle accidents can result from multiple contributing factors. It is well known that distracted driving, intoxication, speeding, fatigue and defective auto products may cause a vehicle accident. Less recognized are accidents that result from vehicle repair negligence.

What is the most common cause of auto accidents?

One common cause of accidents may be auto repair negligence, an overlooked issue around the country. The health and economic impact is massive. In any given year, the cost of medical care and productivity losses associated with injuries from motor vehicle crashes exceeds $80 billion. Many of these catastrophic accidents occur as a result ...

Is auto repair fraud a consumer complaint?

According to the Federal Trade Commission, auto repair fraud consistently ranks among the top consumer complaints. Although most auto repair shops are competent, some operators are irresponsible. Auto repair shops perform unsatisfactory work that endangers the lives of everyone on the road.

Can a mechanic perform the wrong service?

Too often, defective vehicle conditions go unidentified or uncorrected. Professional mechanics also regularly perform the wrong service. They also install parts incorrectly or fail to warn customers of potential issues that place the car owner, passengers and other drivers at an increased risk for injury and death.

Our Network of Auto Fraud Lawyers Can Help You

If you were defrauded by a car dealership, there are many options that your auto fraud attorney may present to you. It depends on what state you are in, but generally, your attorney can sue the car dealership to do the following:

Car Dealership Fraud - Free Consultation With Our Attorneys

Many state laws give consumers the right to sue the car dealership that has defrauded them. Our legal partners collect evidence of fraud for a lawsuit against the dealer.