Table of Contents
- How Much Does It Cost to Sue a Car Dealership?
- How Do I Sue a Car Dealership Service Department?
- What if Another Driver's Vehicle Fails?
- Consult with a Personal Injury Attorney
- Additional Resources
If you have been involved in an accident due to a problem with your vehicle, you may be able to sue the car dealership service department for damages if they failed to properly address your car's issues prior to the accident.
For an example, say you took your vehicle into the car dealership service department for servicing your brakes. The next day, you are driving down the road and your vehicle’s brakes go out, causing you to crash into another vehicle. While the driver of the other vehicle will pursue a personal injury claim against you for crashing into them, you can pursue a claim to sue the car dealership service department for failing to properly fix your brakes.
How Much Does It Cost to Sue a Car Dealership?
You likely have questions about suing a car dealership service department. For example, you may be wondering how much it will cost to sue the car dealership service department.
There’s no universal answer to this question. Factors that can influence the cost include:
- Location: Court filing fees may vary depending on where you live.
- The amount you’re suing for: It’s not uncommon for court filing fees to increase depending on how much money a plaintiff is asking for when they file a lawsuit. For example, the filing fees in small claims court may be less than those of a higher-level court.
- Whether the court waives the fees: Lack of ability to pay the filing fees shouldn’t stop a victim of a car dealership’s negligence from seeking justice. Often, you have the option of filing a motion for the court to waive filing fees if you can how you’re unable to pay them.
- Serving costs: You will need to formally notify the car dealership that you are suing them. This requires hiring a professional (such as a process server) to officially serve the dealership with papers.
The cost of serving the dealership with papers can vary from one state to another. The cost is usually in the area of $100, but there’s no standard price for this service. The court may provide you with more information about serving the dealership with papers when you file your lawsuit.
How Do I Sue a Car Dealership Service Department?
If a car dealership service department did not properly fix your vehicle’s problem or if they created additional problems, you can sue the car dealership service department. However, you will need the help and guidance of a personal injury attorney. These lawsuits are challenging and require extensive documentation and evidence. You will have to produce the evidence.
Evidence that will be helpful in your claim includes:
- Receipt for the repairs showing what was done
- Written inspection from the repair shop that details the mechanical failure
- Demand letter written to the car dealership
What if Another Driver's Vehicle Fails?
If the other driver’s vehicle had a mechanical failure caused by faulty repairs at the car dealership service department, you and the other driver both can hold them liable. This will require the help of the other driver’s insurance and you will need access to the evidence and documentation that the other driver has showing the repairs that were done and when they were done.
When a repair fails, and safety is threatened, the car dealership service department can be held liable. The amount of liability is dependent on state laws and how repair shops and businesses can be held liable for the workmanship of their employees. If a car dealership service department performed faulty repairs that contributed to your car accident, you should consult with a personal injury attorney.
For more information on who may be at fault, visit Auto Accident Situations: Who's At Fault or How Do I Prove I'm Not at Fault for an Auto Accident?
Consult with a Personal Injury Attorney
If you are wondering if you can sue a car dealership service department, you should consult with a personal injury attorney. These personal injury claims are challenging and require experienced accident injury lawyers who understand faulty workmanship and how it can come into play when an accident happens.
If you have been involved in a crash and are interested in suing a car dealership service department, complete the Free Case Evaluation Form to get connected with an independent personal injury lawyer who may be able to help with your claim.
