Legal Question in Consumer Law in California

Car Damage Dealer Employee

I left my car for Repair at a local Car Dealer.

One of their employee hit the left fender with his personal car and the damage is $1,300.00.

Dealer said that employee's Insurance will pay;however, I need a rental and the dealer's employee is not willing to pay for a rental. Dealer said they have no culpability and will not pay for anything, although my car was in the dealer's care at the time.

What is the dealer's responsability?

Am I entitle to a rental?


Asked on 4/02/07, 4:12 pm

1 Answer from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Car Damage Dealer Employee

Was he working at the time? If so, the dealer would be responsible for the actions of the employee. If he was not working at the time, you can either deal with your insurance company, the employee's insurance company or the employee directly.

They are not responsible just because it occurred on their property. You need to show that he was working or that the employer was benefitting from him being there at the time.

As for a rental, you can generally get a rental or loss of use.

If no one will pay this, this would be a small claims court case. You can get my FREE ebook on small claims court by emailing me at [email protected]

Read more
Answered on 4/02/07, 4:42 pm


Related Questions & Answers

More Consumer Law questions and answers in California