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My car is in the shop, they gave me a loaner and someone…

My car is in...

My car is in the shop, they gave me a loaner and someone from the dealership called it in as stolen. Friday I was in the vehicle in front of my residence and a policeman pulled up, got out of his car, with his gun (maybe stun gun, I was too terrified to tell the difference) cuffed me, read me my rights and placed me in the back of his car. I was eventually released after a couple of minutes with Onstar and the dealership figuring out it was a mistake. Is there anything I can do?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

TX

Lawyer's Assistant: What steps have you taken so far?

My husband and I both spoke with the dealership expressing how humiliated and terrified I was.

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

I don't think so.

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Answered in 1 minute by:
3/26/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,429
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I'm sorry to hear about your situation.

This to me sounds like a classic case of negligence if they did not act reasonable after giving you the loaner. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages.

In your case, your damages would be the pain and suffering associated with being arrested. It is probable that a reasonable dealership would have verified the car's whereabouts before calling the police.

You may want to consider just writing a formal demand letter advising them that you may have a cause of action. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. How else can I help you today?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,429
Experience: Licensed to practice before state and federal court
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Customer reply replied 1 month ago
Thank you. What kind of "action" would I be wanting to take or need? I'm not certain what I expect them to do or how to fix the situation.

I would consider what the reasonable value of your harm was reading this. It's more of an art than a science, but what some people do is calculate how much they earn at their jobs and use that as a basis. Also, usually they will multiply 1.5x that rate to get their pain and suffering. I would speak with the general manager of the place as well as they usually have the authority to cut checks in situations like these.

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Customer reply replied 1 month ago
Ok, I'm a stay at home mom. We spoke with the manager and she said she would give us $200 towards our repairs, she did apologize and recognized that it was nowhere near enough to cover what I went through. We didn't agree or disagree to that.

I understand. I would ask for a little more. Being arrested can be a traumatizing experience. How much is entirely up to you; however, $200 seems like a way for them to pay as less as possible.

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Customer reply replied 1 month ago
Ok, I'm a stay at home mom. We spoke with the manager and she said she would give us $200 towards our repairs, she did apologize and recognized that it was nowhere near enough to cover what I went through. We didn't agree or disagree to that.Ok, thank you. Assuming when you say "how much they earn at their jobs" you are referring to their daily income
and multiply that by 1.5?

Correct. It may be difficult to calculate how much you would make as a stay at home parent. They may argue it is $0 because it is technically unpaid work; however, I think if you find some objective figures to calculate how much you could actually fetch in the job market if you were to go back to work, use that # as your actual damages, then multiply by 1.5 to get your pain and suffering, that'd be a good place to start.

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Customer reply replied 1 month ago
Gotcha! Looking over the Demand Letter you provided, it does not need to be signed by anyone other than myself? Are there any repercussions they can take with that demand?

Correct. You don't have to have anyone else other than you sign it. The only thing they could do is deny your request, but they have to measure that against the risk of a lawsuit that you would probably win.

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Customer reply replied 1 month ago
Ok, thank you! You have been super helpful, I appreciate it! Will download now.

You bet!

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