Legal Question in Civil Litigation in Texas

Damaged Truck

I took my vehicle in to a dealership to have warranty service done. The dealership wrecked my vehicle. I allowed them to try to fix the damage and they have not done the repairs satisfactorily. I have been out actual costs and incured costs. Plus, it will cost to have the vehicle repaired properly. What are my legal options and what am I entitled to? Please advise


Asked on 9/01/00, 10:15 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Damaged Truck

If this was a new vehicle and the problems occurred during the mileage warranty period and within 12 months of date of purchase, you likely fall within the operation of the Lemon Law which could entitle you to a full replacement of your vehicle with a new one. Be sure you have given the dealer all the chances to fix the vehicle that he needs, and then speak with him about a new car. You may have to be a bit aggressive, but if you know your facts and persist this is quite possible.

If it was a used vehicle, you will need proof that the repairs were improperly or negligently done, as the dealership is liable for their negligence in this area just as anyone else.

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Answered on 10/04/00, 10:04 am
James Grissom Law Office of James P. Grissom

Re: Damaged Truck

You are entitled to recover your property damages, lost wages and reasonable expenseses. Yours is a property damage claim and may be eligible for exemplary damages depending upon the facts. The dealership should have insurance to cover this claim. I would expect the claim to be vigourously contested on all of your assertions.

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Answered on 10/04/00, 10:06 am


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