Suing Car dealership for using my car

UPDATED: Oct 1, 2022

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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

However, there is some photos shows that he listed
the car in his lot and the carfax report shows that as

Can I sue them for the damages?

Asked on November 16, 2018 under Business Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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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