What relief could reasonably be expected from a car dealership due to admitted negligence at the time of maintenance

UPDATED: Oct 1, 2022

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What relief could reasonably be expected from a car dealership due to admitted negligence at the time of maintenance

Vehicle had a required maintenance, oil change etc., however service dept left oil plan drain plug off or loose. Vehicle lost all oil pressure in the interstate in New Orleans Sunday, and damage, with no dealership available. Personal insurance towed vehicle and stored until car could be towed to dealership in MS. I am requesting inspection and services that would ensure my vehicle motor is not damaged due to negligence. Loss of work and value of vehicle also an issue. My personal insurance roadside assistance also covered cost that the dealership offerd to pay. The vehicle is covered by a prepaid maintenance package that would also cover such damage.

Asked on August 6, 2018 under Accident Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can only get compensation for reasonably foreseeable costs or losses you suffered which were not covered or paid by another (the law only lets you get paid once for any given cost or amount, regardless of who paid it). You cannot force them to do an insepction or provide service--all you can do is sue for your costs or losses--as stated, to the extent not paid by, say, your roadside assistance, insurnace, or prepaid maintenance. 
You can recover the cost to repair your car; you can potentially recover loss of value IF you can prove it to the court's satisfaction (which would typically require putting some sort of professional auto appraiser on the witness stand, after he examined your car--you may not rely on the "blue book" or other printed guide without a live witness in court to be cross-examined); you can possibly recover a day's worth of lost wages (the day when the car broke down and had to be towed, etc.); you could recover any towing charges or cost to rent a vehicle while yours was in the shop.

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 AttorneyPages.com 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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