Title: Car Damaged at Dealership – Who’s Responsible?
I recently took my car to the dealership for a tire rotation, and while I was there, another customer accidentally hit my car and caused damage to the rear end in the parking lot. The dealership claims that they aren’t responsible and advised me to go through my insurance. Is this correct? What are my options moving forward?
Update: The dealership provided photos, showing that my car wasn’t parked in a designated parking spot. Instead, it was alongside a red curb in a thoroughfare area of the lot. The individual who hit me was towing a trailer and sideswiped my car while turning to exit.
Follow-up: My insurance informed me that there may be a potential negligence claim against the dealership for parking my car in an inappropriate location, but they also noted that the driver is primarily at fault for not avoiding the collision. The best course of action seems to be to file a claim with my insurance and see how it unfolds. They plan to send an investigator to assess the situation and determine the next steps. I may need to pay my deductible upfront, but I should eventually be refunded. It could take some time, though.
It sounds like a frustrating situation, and it’s understandable to seek clarity on your options. Since the dealership has indicated that it’s your responsibility because your car was parked in a non-standard spot, this complicates things somewhat. Here are some points to consider:
Insurance Claims: Since both your insurance and the other driver’s insurance may take time to evaluate liability, filing a claim with your own insurance might be a practical first step. As you mentioned, you will pay your deductible upfront, but you might be able to recover that later, especially if negligence on the dealership’s part is established.
Negligence Considerations: If it’s determined that the dealership improperly parked your vehicle in a hazardous location, they might share some responsibility. The fact that the other driver could have avoided the collision is important, but negligent parking could also play a role in the claims process.
Documentation: Keep a detailed record of everything—photos of the damage, statements from the dealership, any correspondence, and notes from conversations with insurance adjusters. This documentation will be essential if you pursue any claims or disputes.
Further Action: Depending on how your claim process goes, you may consider discussing the situation further with the dealership’s management. If you believe they should take responsibility, you could gather your evidence and formally request they cover or contribute to the costs.
Legal Consultation: If things become complicated or if you feel the dealership should be held accountable, consulting with a legal professional experienced in auto accident claims might provide additional insights or options.
Navigating these situations can be complex, so relying on your insurance and keeping lines of communication open with all parties involved is key. Good luck!