Should i sue if a dealership caused physical interior and exterior damage to my car?

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Should i sue if a dealership caused physical interior and exterior damage to my car?

My car got repaired by a dealership; it’s the only place that fixes my type of car. The repair was done incorrectly causing more damage to the vehicle. My convertible top was misaligned due to the bad repair job caused the fabric to rip open so now rain goes right through. My seat, carpet and steering wheel are ruined because of the nice holes in my convertible top letting the rain right through. I want them to replace the canvas but they won’t, instead they are offering me 10% off the cost of replacement.

Asked on May 19, 2016 under Accident Law, Texas

Answers:

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

Answered 4 years ago | Contributor

If it is not possible to settle the case by receiving an acceptable amount of monetary compensation from the dealership's insurance carrier, then your only recourse is to sue the dealership for negligence.
Negligence is the failure to exercise due care (that degree of care that a reasonable auto dealership would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs for the damage caused by the dealership.


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