Legal Question in Civil Litigation in Wisconsin

Dealership damaged my vehicle windshield on test drive. Won't take blame for it. They won't replace it. What action can I take?

They said they will repair it, but it is a rock chip in my direct driving view and said it will still be noticeable. I would like it replaced because I don't want a crack or a fixed crack in my line of driving site and It shouldn't have happened, because the vehicle wasn't suppose to be driven. Additional 8 miles put on the vehicle with work that required no driving of the vehicle. MPG average also dropped 1.1 mpg from my average.


Asked on 5/21/14, 7:59 am

1 Answer from Attorneys

JAY Nixon nixon law offices

You started before the damage with a used windshield, I imagine, so getting a new windshield replacement rather than a used one would put you ahead of the game. The law, however, would only require the negligent part to make you equal to the position you were in before the accident, i.e., a used windshield. The question will therefore be whether or not a patched windshield is substantially equal to a used windshield which had not been patched. I do not know the answer to that question (would defer to industry experts), but it seems like a fairly minute difference over which a court fight may not be worthwhile. However, anyone in WI always has the option to start their own small claims case for just over $100 if they are not happy with any proposed civil settlement.

Answering this question here does not make me your attorney, but you can reach my office in Racine (262-633-3090 or [email protected]) for clarifications or to make further arrangements. See me on the web at www.jayknixonlaw.com. View over fifteen years of my past answers at http://www.lawguru.com/answers/search/attorney/jknixon. Answers may contain attorney advertising materials. See more answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency.

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Answered on 5/21/14, 8:38 am


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