If my car got scratched after the service at adealership, what are my rights?

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If my car got scratched after the service at adealership, what are my rights?

I left my car for a state and emission inspection. Once I received it and drove back home, parked and get out of the car I noticed a big scratch on the hood going towards the drivers side wheel. I took pictures immediately. I didn’t go anywhere else besides the dealership. My car was dirty and once the scratch appeared after the service, somebody was trying to wipe it out and remove the dirt from the scratched place. That day, Iasked the manger to view the cameras and see how it was serviced. I was actively refused to do that. And was offered to buff it out. It didn’t helped. Can I sue?

Asked on January 3, 2012 under Business Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you believe the dealership either negligently (carelessly) or, possibly, intentionally or deliberately, caused the damage to your car while it was in their control, you could sue them for the cost to repair the scratch. If the scractch could be repaired without an all-over repainting, that's the value you could sue for; it repainting is required, you could sue for that amount. You'd have to be able to prove in court that they were responsible for the damage; the standard is by a "preponderance of the evidence," or that it was more likely than not the dealership caused the scratch.


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