I need to know who is at fault…

UPDATED: Sep 30, 2022

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I need to know who is at fault…

My vehicle was at a reputable dealership to
get fixed but besides for it being fixed it
is most likely going to be totaled out.
The car was there for a job that was supposed
to take 2 to 4 days. It’s been there for over
a month and it still isn’t fixed. That isn’t
my main issue though. I was told the car was
torn down and being worked on non stop by the
service advisor but last week I got a call
from him, after 3 messages from me, and he
stated that my vehicle along with many others
were left on a canal bank and were flooded. I
asked why they didn’t move it with all of the
non stop warnings and got no answer. All I
was told was to call my insurance company and
have them come out to fix it. I don’t
understand why this should go on me. I have a
750 deductible that will have to be paid and
they are saying they aren’t responsible for
it either. I have looked all over the
Internet and have found several cases like
this and per my reading the dealership is to
blame. There were non stop warnings yet my
car that was supposed to be broken down in
pieces being worked on was in one piece on a
canal bank. I am sorry if I’m being redundant
but I don’t know what to do. I don’t have
750 to fix it and I’m not even sure I want
it back considering it will be a flood car
now and I just financed it a few months ago.
Are they negligent for leaving customers
vehicles on a canal bank with imminent flood
warnings?? If someone could help I would
greatly appreciate it.
Thank you

Asked on August 27, 2016 under Accident Law, Louisiana


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

Answered 6 years ago | Contributor

The car dealership is liable for negligence for leaving the vehicle on a canal bank when a flood was imminent.
You should file a claim for property damage (cost of repairs or loss of your car) with the auto dealer's insurance carrier.
If the case is settled with the auto dealer's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the auto dealer's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the auto dealer.
Negligence is the failure to exercise due care (that degree of care that a reasonable auto dealer would have exercised under the same or similar circumstances to prevent foreseeable harm).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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