What are my rights when it comes to my new car that was damaged while under the responsibility of the car dealer?
Question Details:
I just financed a new car. During the financing process, I ordered additional accessories. About 3 weeks later, I dropped it off at the dealer to get those accessories installed. While the vehicle was being transported to a warehouse that does the installation, it was damaged in a accident. When the carrier that transported it was backing up it was rear-ended. Since my vehicle was at very end of the carrier, it also was struck. The damages to my truck were to the real bumper and one of the tail lights. The warehouse is willing to repair the vehicle at no cost to myself.
The placement of your car in the care of the new car dealership can be considered a bailment. A bailment is the delivery of goods or personal property to another, in trust for the execution of a special object. It is a contract. No fiduciary duty is created. The car dealership was responsible to you for the safe keeping of the car while it was in their care. So ultimately they are responsible to you, although they seem to have contracted out their obligation to do the accessory work. You may be seen as a third-party beneficiary of that contract. That contract probably shifts the dealerships liability to the warehouse. Ultimately you are in the best position. The warehouse is willing to repair the vehicle, correct? Do you not want that? Then you have to decide how you want to handle things and ask for advice on whether or not your way can be achieved. Good luck.
