Can I sue the dealership who said that they repaired my car but never did and let me drive it when it was unsafe and not road ready?

My son was in an accident and the dealership stated they fixed the damages. However, when he got the car back and drove it, he said it was not driving right. He took it back up there and the dealership told him that it was normal wear and tear on the car not related to the accident. Uncomfortable with that answer, he took it to another mechanic only to find out the real damages were not fixed, there was only cosmetic repair, so the frame was still bent. Also, they used junk yard parts when they told both us and the insurance company that it was all new parts. The second mechanic stated that my son was driving a death trap, so the insurance company was called. They came out, looked at the damages, and then totaled out the car completely. Can he sue the dealership for negligence?

Asked on January 26, 2019 under Accident Law, Georgia

Answers:

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

Answered 1 year ago | Contributor

The problem with suing the dealership for negligence is that your son was not injured as a result of the repairs. Therefore, damages without an injury and documentation of medical treatment would be speculative. Damages (monetary compensation) must be certain.
However, the dealership can be sued for fraud for not making the repairs and using junk parts instead of new parts as it falsely claimed.


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