What can I recover for damages on my car if the auto service shop totaled it? 1 Answers as of February 08, 2011

an auto shop totaled my car on a test drive witnesses tell me it was the person doing the test drive joy riding and driving dangerously that caused this they did not follow the route for test drives either what can i expect to recover for damages on the car i would like a suitable replacement

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The Liblang Law Firm, P.C.
The Liblang Law Firm, P.C. | Dani K. Liblang
Michigan has a Garagekeeper Liability statute (which presumes that damage to a vehicle while in the possession of a repair facility is the fault of the repair facility), as well as a Motor Vehicle Service and Repair Act ("MVSRA"). Under these statutes, the repair facility should be responsible for the fair market value of your vehicle immediately preceding the crash. The MVSRA also allows you to obtain your costs and attorney fees as part of your damages (i.e., on top of the fair market value of your vehicle) if you have to sue the repair facility. If a willful violation of the MVSRA is proved, then you may also be entitled to double damages.

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Answer Applies to: Michigan
Replied: 2/8/2011
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