Can I sue the dealership for ruining my car?
Question Details: About 5 months ago, brought my 4 year old vehicle to the dealership because it was making a horrible noise. They ended up fixing something else but when I got the car back the noise was still there. I took car back in a few more times and still nothing. They could not find out what was making the noise. When I got my car back the 3rd time. It started smelling like it was burning. I called the dealership on the way home and they said it might be some residue from the changing the fluids and it should burn off. Well turns out that I kept driving and the smell got really bad. I pulled over and they had left my engine cap off. My car had oil all over everything under the hood. I was so upset and called dealership at took it in the next day. I have been back 5 times for them to clean my car and it still smells. They ruined my car.
You can sue the dealership for negligence , which is the failure to exercise due care (that degree of care that a reasonable auto dealership would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your car.
The amount of your damages will determine whether you can file your lawsuit in small claims court.