Suing Car dealership for using my car
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Suing Car dealership for using my car
took my car 2003 Hummer H2 to a dealer in
Indianapolis last year so he can sell it for me. But
when I came today to take the car, I found that he
put 5,000 miles extra on it and made some
damages. There is no written agreement between
us.
However, there is some photos shows that he listed
the car in his lot and the carfax report shows that as
well.
Can I sue them for the damages?
Asked on November 16, 2018 under Business Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, since you (we presume) still own the car, you can sue for the phsyical damage. You can also sue for any depreciation due to mileage in excess of what would be the normal and expected mileage that a car being offered for sale would normally incur (e.g. due to legitimate test drives): i.e. say that normally over a year of being offered for sale, a car might incur 500 miles in test drives and the like--you could sue for the extra 4,500 miles of depreciation due to the surplus, unncesessary miles. If someone else either intentionally or negligently (carelessly) damages your property, you can sue for the value of the damage.
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