Should i sue if a dealership caused physical interior and exterior damage to my car?

UPDATED: Sep 30, 2022

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Should i sue if a dealership caused physical interior and exterior damage to my car?

My car got repaired by a dealership; it’s the only place that fixes my type of car. The repair was done incorrectly causing more damage to the vehicle. My convertible top was misaligned due to the bad repair job caused the fabric to rip open so now rain goes right through. My seat, carpet and steering wheel are ruined because of the nice holes in my convertible top letting the rain right through. I want them to replace the canvas but they won’t, instead they are offering me 10% off the cost of replacement.

Asked on May 19, 2016 under Accident Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If it is not possible to settle the case by receiving an acceptable amount of monetary compensation from the dealership's insurance carrier, then your only recourse is to sue the dealership for negligence.
Negligence is the failure to exercise due care (that degree of care that a reasonable auto dealership would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs for the damage caused by the dealership.

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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