Legal Question in Consumer Law in Pennsylvania

Car damaged during warranty work

My new Acura TSX was picked up by dealer for warranty service on a Friday. Kept car until Monday. Upon it's return, noticed a scratch on passenger side and 300 extra miles on odometer. Noticed the nav system was used requesting directions for three trips made over weekend. Confronted dealership, admitted they lent the car to an employee (lot boy) over weekend. A normal practice they say, right. I want a new vehicle. I also believe that this may constitute theft. Further, the car was given to an under 25 driver, I have no insurance for that.

My question, does this constitute theft? Can a warrant be sworn against the owner of the dealership? In general, what can I do?


Asked on 6/22/06, 8:45 am

2 Answers from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: Car damaged during warranty work

It's not really theft, but it's pretty outrageous. Theft includes an element of intention to not return the item.

Clearly, the dealership used the car beyond the scope of your permission. I think you're better off with a civil type remedy than trying to press criminal charges. By that I mean, burn their asses so they'll never pull that crap again.

I'd start by writing a letter to the president of owner of the dealership, calmly stating the facts (when the facts are outrageous, as here, you don't need to do a lot of sword-waggling).

Tell them you want them to pay for the scratch to be repaired by a different company, because you have no intention of letting them touch your car again.

Tell them you want compensation for the depreciation. (about $.40 per mile is reasonably).

Tell them you want appropriate action taken against the employees who allowed this to happen.

And cc the Acura company, your manual should have an address for the company's central warranty or service headquarters.

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Answered on 6/22/06, 9:08 am
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Car damaged during warranty work

I agree with the advice given you by Atty. Marvin with regard to your civil remedies. However, there is a criminal offense here too, but it's not theft.

It's "unauthorized use of a motor vehicle" which is in the crimes code. You would have to find a police officer who is willing to file the charge or, if you can't find one, you could file a private criminal complaint with the magisterial district judge, which would have to be approved by the county's district attorney.

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Answered on 6/22/06, 10:07 am


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