Are they legally responsible for damages to car?
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Are they legally responsible for damages to car?
We took my girlfriend’s car to a
Asked on August 25, 2019 under Accident Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, they are liable since their negligence or carelessness caused the damage: whenever anyone causes damage to your property through negligence, they are liable for the costs they thereby cause. However, bear in mind that if they refuse to voluntarily honor their obligation, you would have to sue them for the money: only a court judgment or order can force someone to pay amounts which they should but refuse to. So you would have to decide if litigation is worthwhile, especially since you'd have to bring someone (e.g. a mechanic) in from your dealership's service department (i.e. likely pay them for their time) to testify that the failure to replace the air filter caused the problem (the court requires testimony from an "expert" as to technical issues, like the cause of engine, etc. damage--they will not accept your testimony as lay people, and you cannot simply repeat what the mechanic told you, since that would be unadmissible "hearsay" testimony).
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