My car was dinged by a customer while it was at the dealership for service. When I returned, I found a dent and missing paint on my car. The person who accidentally opened their door and caused the damage left a note indicating he would take responsibility. However, after I sent him the repair bill, he claimed it was too high and stated that the dealership is liable, so he refused to pay. He even mentioned the possibility of small claims court.
I reached out to my insurance for advice, as the dealership told me it’s a matter between the two of us since it’s classified as a regular accident. My insurance agent mentioned that the dealership might actually be liable since they have coverage for situations like this. She’s going to check with her supervisor and will get back to me on Monday.
Has anyone else experienced something similar? I know that insurance coverage and liability can vary by location.
Edit: The individual left his car’s license plate number, phone number, and details about his vehicle (make, model, year). There’s also clear 4K video footage showing him carelessly swinging his door into my car, causing a noticeable dent on my leased vehicle. While it’s a small area, it’s still quite frustrating.
I’m sorry to hear about the situation with your car. It sounds really frustrating, especially since it happened while you were having it serviced.
It’s good that the responsible party left his information and that there’s video evidence of the incident. That should definitely help your case. In many jurisdictions, the person who caused the damage is typically liable, but since this happened at the dealership, there might be additional issues at play regarding the dealership’s responsibility.
Here’s what you might consider doing:
Keep Documenting Everything: Make sure you have a detailed record of all communications with both the customer and the dealership. Keep a copy of the video evidence, any estimates for repairs, and notes from your discussions with your insurance.
Follow Up with Your Insurance: It’s good that you contacted your insurance for guidance. Once they get back to you, see what options they suggest. If the dealership is indeed liable, they might be able to help facilitate the process.
Communicate with the Other Party: Since the customer expressed willingness to pay initially, it might help to have a calm and direct conversation with him. If he sees the video evidence and understands the liability better, he may change his mind about paying.
Consider Small Claims Court: If the situation isn’t resolved amicably, small claims court could be a viable option, especially with the evidence you have. It’s often more straightforward than other legal avenues.
Consult Local Laws: Since liability can differ by location, it might also be worth looking into local laws or consulting with a legal professional if needed.
Hopefully, your insurance can provide clarity on this soon, and you can get it resolved without too much hassle! Good luck!