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Suing a Car Dealership FAQ

By Christopher Coble, Esq. | Last updated on

Drivers are often responsible for car accidents. But what about the people who sold them the cars? Car dealerships could be on the hook for car accident injuries if they occur during a test drive, if they are due to a car malfunction, or a variety of other reasons.

Here are some common questions, and answers, regarding car dealership lawsuits:

Who's Liable for a Car Accident During a Test Drive?

In most cases, the dealership will have an insurance policy that covers accidents during test drives without worrying about who is at fault. If the dealership lacks this coverage, or the insurance carrier doesn't want to pay, the accident will be treated like any other, and the parties involved will try to determine fault and liability for the accident.

Who's Liable for Faulty Repairs?

Many warranties require any car repairs to be done by the dealership that sold the car. And if your car repair goes wrong, the dealership may be liable for re-repair or damages. If the dealership refuses to do required work under the warranty, or the repair work was bad and caused an accident, you may have a legal claim against the dealership.

Who's Liable for Recalls?

Most recalls are financed by the auto manufacturers, but the work of repairing the car or exchanging it is often done through dealerships. And while dealerships are responsible for handling recalls, the car owner or driver could be liable for damages if he or she failed to comply with a mandatory recall.

Who's Liable for Deadly Defects?

Generally speaking, the manufacturer is liable for car defect injuries. So if there is some defect in the design, manufacturing, or warnings associated with the vehicle, whoever designed and built the vehicle will be at fault. In some cases, however, liability could fall to dealerships who sell, lease, or loan cars they know to be defective.

Car accident lawsuits, or any lawsuit against a car dealership for that matter, can be complicated. If you have a car accident injury claim, you should contact an experienced injury attorney near you.

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