Legal Question in Business Law in California

Dealership Responsibility of damage to vehicle

I recently had service work done at a dealership after my car breaking down in the middle of my vacation. They had my car for a little less then a month during which time they made major engine repairs. After receiving the call my car was done, I flew back to CA and drove straight home to OR the same day. Upon waking the next day I noticed damage to my bumper ( on driver side there was a crack, and the paint was down to the black rubber) this was new. I called and spoke with the dealership and was told it was not their responsibility but they would offer to give me $300 towards a $838 repair. They did no walk around that I signed off on when I left the car with them and I know the damage to my car before they took possession. Is there anything I can do? Are they not responsible for the damage they cause?


Asked on 6/09/09, 8:15 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Dealership Responsibility of damage to vehicle

Sure, they are responsible (assuming the truth of the facts given, of course). The problem is proof. The dealer has said it is not responsible. This is the starting point of the parties in all litigation for money damages. Sometimes the plaintiff wins; sometimes the defendant wins; usually, cases settle before trial and the result is a compromise in which each side does a mental assessment of the probability of winning and the costs of trying the case versus settling for less than demanded (or more than offered, in the case of the defendant) in the suit.

Your analysis here needs to take into account the probability of winning and the cost of litigation, all versus the offer of settlement.

If you were 100% sure of being able to prove the dealer's responsibility vs. its assertion that it isn't responsible, and could find an attorney to keep the fees below $538 (including filing fees and other costs), I'd probably still advise against litigating because of the hassle factor.

So, in the abstract the answer to your last question is "Yes" but the answer to the prior question as to whether there is anything you can do is "As a practical matter, take the offer."

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Answered on 6/09/09, 8:37 pm
Daniel Meek Daniel W. Meek

Re: Dealership Responsibility of damage to vehicle

How can you prove that the crack was not there when you turned your car over to the dealer? Did you take photos of your car just before turning it over? Probably not. So you will not be able to prove that the crack was not already there.

I would call back the dealer and say I would accept $500 in settlement.

I am rather surprised that the dealer is offering you anything.

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Answered on 6/09/09, 10:05 pm


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