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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
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 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).
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