What to do if my car was totaled while in the dealership for repairs but they are not insured?
Question Details: I bought a car 30 days ago from a local dealer. However, I ran into problems with the car around the 27th day. The dealer said they had a mechanic who could fix it for cheap and under my 30 day warranty. They towed the car to the dealership. I returned a few hours later to find that they had burned my car to the ground in their shop and while in their care. I called my insurance company and they said they can't do anything for me. The shop doesn't have insurance as I've called numerous times and asked for it but they won't give me any info.
Your only recourse is to sue the dealership for negligence. Negligence 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 value of your car.