What to do if my car dealership provides pickup and delivery service for scheduled maintenance and their employee/driver was involved in an accident while he was delivering my car back to me?

As of now, the dealership is only willing to pay for the damages to my car but they’re not taking responsibility on the damage done to the other car involved. The driver of the other vehicle is making a claim against my insurance. I am afraid that a claim on my insurance will raise my premium. Shouldn’t the claim be against my dealership since they were providing the pickup and delivery service?

Asked on March 8, 2013 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The owner of a car is responsible for damage done when someone he permits to drive a car causes damage or injuries to another, so the other driver could seek compensation from you. The other driver could sue the dealership, but equally could choose to sue you--you don't have any say over whom he chooses to go after. You could in turn, if the other driver proceeds against you, sue the dealership and/or the dealership employee driving your car, on the grounds it was the employee's negligence (careless driving) which caused the damage. You don't have to take the dealership's refusal to pay at face value--you can take action to force them to pay for damage they caused.


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