What are my rights if my car was being driven by a service technician at the dealership and was struck by another vehicle?

The driver of the other vehicle was at fault. My car will have an accident history after the repairs are made and the value of the vehicle will be diminished. Do I have a any legal recourse to insist that the vehicle’s lien be satisfied by the dealership? I do not want the vehicle returned to me in any condition. It had 7500 miles on it.

Asked on May 30, 2014 under Accident Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You write that "the driver of the other vehicle was at fault"; if that is the case, why would you have legal rights against the dealership? As a general matter, fault is required to impose liability. What you can do is to sue the other, at-fault driver for any losses or costs you have incurred, such as repair costs, possibly diminution of value, towing charges, etc.


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