Legal Question in Personal Injury in New York

Car dealership liability

I brought my BMW in for servicing The car was being driven by a tech to diagnos the problem when my car was rear ended.

The damage doesn' t appear serious, about $5000 - $7000 worth of amage. My question is I'm getting back a car that has been in an accident. The retail value has to change because of this. What are my rights and what could some one expect in terms of compensation. Should I seek legal advise or just let BMW repair it and go on my way???

PS the air bags did not deploy!

Thanks for the advice in advance!


Asked on 7/05/08, 11:52 am

3 Answers from Attorneys

Pasquale Calcagno Calcagno & Associates, PLLC

Re: Car dealership liability

If you are injured I would be interested in speaking with you. Feel free to call me, Pasquale Calcagno of Calcagno & Associates for a free consultation at 1(800)WE-FIGHT. Additionally, if you or anyone you know has been injured in an accident or involved in a failure to treat, wrongful death case such as the woman Esmin Green who died in the city run hospital waiting room in Kings County Hospital do not hesitate to call.

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Answered on 7/06/08, 4:11 am
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Car dealership liability

For a third opinion - while a car can be repaired, it never seems to be the way it used to be. And with $5,000 to $7,000 worth of damages, the damage must be significant.

With the advent of the computer and "car-facts" everyone will know the car was in an accident.

It is not the retail value that will change but the resell value or trade in value that would be affected.

I do agree with Mr. Calcagno that the cost of a lawsuit can be prohibitive, however, you could try small claims court - after the car has been repaired for the difference in value.

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Answered on 7/06/08, 3:38 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Car dealership liability

if fully repaired there should be no serious depreciation, other than normal deprecitation as would accumulate over time anyways... the cost for such litigation would SURELY outweigh any minimal depreciation of the vehicle due it it having been in an accident - i would suggest simply allowing them to fix the situation, ensuring it is fixed to a pre accident condition (or better depending on the age of the car).

if you have any future matters feel free to contact us directly at cgonzalezlawfirm.com or 877.229.3394 and chosing to speak to our head attorney, carlos gonzalez

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Answered on 7/05/08, 12:52 pm


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