Are they legally responsible for damages to car?

UPDATED: Oct 2, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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