Expert: Charlie Barone - 3/26/2009

Question
I had my car at the dealer for routine service.  He damaged it getting in and out of his facility, repaired it without telling me.  The paint job was so bad that I noticed it.  Another body shop wants $800 to repair it again; diminished value of the car is about $5000.  The dealership attorney admits the damage and the diminished value, but argues that the law says I can only get either not both and the lesser of the two.  My question is that true?  Any cases I can site which will show that a car is different than real estate and it will diminish in value even after it is repaired.

Answer
Nasser,

The dealer owes you both for the repair and the diminished value of the car. The fact that they damaged it and tried to conceal the damage and repair from you makes it worse for them. Tell them you will take them to court for the cost of the repairs as well as the DV loss, but do it in writing and demand a response in writing as well.

That either or offer is the first time I have ever heard that, but the facts are this: the dealer has to make you whole. That is, return your property to you in the same conditon it was prior to their negligent act and compensate you for the loss of value.

Charlie