What to do if someone their car to a car dealership for maintenance and left it but the technician was in an accident with it?

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What to do if someone their car to a car dealership for maintenance and left it but the technician was in an accident with it?

The dealership called them and let them know their car was in an accident while the technician was test driving it after maintenance. A rental company had rented a car to a driver and he did not get the insurance. He then wrecked into the dealership’s technician while he was test driving the victim’s car. Since then, The rental company will not take responsibility and neither will the dealership. In the meantime the victim’s have no extra car to drive their infant twins in as well as having additional car for their use. Who is responsible?

Asked on October 27, 2013 under Accident Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The dealership and the technician may be responsible IF they were at fault in causing the accident--that is, if the technician was driving negligently, or carelessly, for example, in causing the accident.

The rental agency would not be responsible, but the rental driver could be liable if he was driving carelessly or otherwise at fault.

If the person or business at fault will not pay voluntarily, you would have to sue to recover money. You could recover the cost to repair your car (or its then current value, i.e. "bluebook" value, if it is totalled) and other costs directly related to the accident, such as the cost to rent a replacement vehicle while your car is repaired.

Again: there must be fault for liability. Whomever was at fault can potentially be sued.


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