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I took my fairly new 2018 vehicle, less that 5000 miles on…

Hi. I took my...

Hi. I took my fairly new 2018 vehicle, less that 5000 miles on it, to the dealer to fix a service issues. While in their possesion, they were driving my car and were involved in an accident. Rear-ended. From what I hear the service guy driving was not at fault. The dealer has sent my car to a bodyshop to be fixed. I'm told by many others that I should get a 'new' car, since the car was in the dealership's possesion for the initial repairs. I wanted to know if I have a valid claim to get my car replaced and not have to deal with the diminished value?

Lawyer's Assistant: What state is this in? And how old is the car?

California. 2018, purchased in Oct 2017.

Lawyer's Assistant: Has anything been filed or reported?

Not sure. The dealership said they were handling things and putting everything on the driver at fault's insurance, for the repairs.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That should be it.

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Answered in 2 minutes by:
3/12/2018
Roy Hadavi
Category: Legal
Satisfied Customers: 1,241
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed California attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: I am not sure who these "many others" are, but there is no legal basis for what they are telling you. Unfortunately, there is nothing in the law that provides that you have a claim to receive a new vehicle.

I am sorry that I do not have better news for you, but hope this will not affect your rating of my service today.

Rating & Additional Questions: Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please do not rate my service. Please ask me as many questions as you need, until you feel I have earned an excellent rating. There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 1 month ago
Would I be justified in filing a "Diminished Value" claim against the dealership? Or would it be against the person who was at fault?

The claim would be brought against the party that was at fault for the accident.

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Customer reply replied 1 month ago
I would pick up my repaired vehicle from the dealership and then file the claim or should the dealership do it?

No, you should bring the claim against the other party. You can pick up your vehicle, it will not affect the claim.

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Customer reply replied 1 month ago
Ok. Thank you very much!

You're very welcome.

Did you have any follow-up questions or need me to clarify anything? If not, please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

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Customer reply replied 1 month ago
Not sure if this question is for you, but should the dealer still honor my full warranties on the vehicle, after its been in an accident? Was told by a friend that that it would negate warranty.

It generally does not negate the warranty, but you should review the warranty to make sure it does not contain anything relating to accidents.

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Customer reply replied 1 month ago
Cool. Anything else you think I should look out for or be concerned with for a case like this?

If you pursue a claim against the at-fault party, you can also pursue loss of use. Loss of use is claimed for the time that you were not able to use the vehicle.

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Customer reply replied 1 month ago
Sweet! I think that is all. Thank you! I will give you an Excellent rating.

You are very welcome. Happy to help!

Roy Hadavi
Category: Legal
Satisfied Customers: 1,241
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
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