Expert: Charlie Barone - 7/24/2009

Question
My vehicle was taken to the car dealer to have a key programmed out of use. When the vehicle was returned the driver's seat seat would not adjust. Due to the position of the seat the vehicle was left with the dealer for repair. Returned the following day and the seat had been adjusted to a slightly better position but not repaired. The seat is still not working and driving is not comfortable. I was told that I could file an insurance claim and have the insurance company deal with the dealer for repair costs. The seat I believe was damaged while the car was being cleaned.

Answer
The dealer seems to be responsible for the seat problems as they did not exist prior to taking the car to them some something unrelated. If this is true, they you may demand that the dealer either repair your car or pay the cost for someone else to do the repairs. Send the demand to them in writing and ask them to file a claim with their garage liabiity insurance carrier if they cannot pay for the work themselves.

You may notify your insurance company, but do not file a claim at this time, as they will be backstops on the claim with the dealer.