What to do if while in for service the dealership had a technician take my car home at night for “testing” and at the technician’s home my vehicle was in an accident?

What are my options and rights?

Asked on March 5, 2013 under Accident Law, Iowa


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You could sue the dealership (assuming they do not voluntarily pay you) because they were negligent, or careless, in having the technician take your car home at night, and therefore would be liable for the damage; they would also likely be liable simply because the car was in their care (they voluntarily assumed responsibility for it) when it was damaged, and so are responsibl for what happened to it. You could also potentially sue any person(s) at fault in damaging your car--that is, anyone who drove it or another vehicle which hit it carelessly--to recover compensation as well. You should be entitled to the cost to repair your vehicle, plus any additional costs you incurred (e.g the cost to rent a replacement car, while yours is being repaired).

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