Is there any dealer liability for the negligence of their service tech?

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Is there any dealer liability for the negligence of their service tech?

Took my car to dealer for 20k service and the service tech proceeded to get in an accident. What are my rights since the car is now devalued; through no fault of my own a my car is now worth less for a trade in or resale. They have offered to fix the vehicle but not make me whole for the devaluation caused by their service department. I have not seen the police report and feel that they trying to take advantage. I do not want the vehicle back since I fear future issues caused by the accident. All I want is a the fair trade in value, before the damaged my car. Do I have any recourse?

Asked on July 4, 2012 under Accident Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this coutnry, if an employee of a company is negligent and damages for example a person's car, the employee as well as his employer is responsible to compensate the owner of it for the damages.

Typically the measure of damages is the lesser of costs of repairs of the fair market value of the car at the time of the accident.

You have no recourse for a trade in of your car. You get the vehicle repaired. I would try and negotiate some extras with the dealership as well such as a free tune up and oil change as examples.


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