Can I expect to be rewarded a new truck if a dealership accidentally damaged my truck?

You would be entitled to the property damage to your truck, if were a total loss, you would get the value of the vehicle. The dealer will simply hand your claim over to their insurer who will negotiate a settlement - you don't get a new truck, most likely cash. Also, if your truck was insured, you should notify your insurer immediately as they may pay you if the accident was covered and then they will proceed against the dealer.

I agree with Mr. Levy. You are not entitled to a new truck, just repair to get it back into the same shape it was before the accident. (When you write "perhaps the frame", I gather that means the frame may not have even been damaged and, if it was, the damage apparently was minor.)

Given that the truck was almost new, I assume you have comprehensive coverage. Between that and the dealership's liability coverage, you should not have to pay anything, and you should have a basic rental car included at no cost while your truck is being repaired.

Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.

You need to emphasize the frame issue - it is has been damaged and it's a new truck, this could be very bad - hand it over to your insurance company and tell them you are concerned - it's easy enough to have them check to see if the frame was damaged. If it wasn't then your only remedy will be for them to repair and make you whole to the position you were in before the accident- if it was real damage to the frame, then your insurance may want to pursue the matter.

Good luck with the situation and remember the above is general information only and not specific legal advice since I don't know all the facts.

Matthew Williamson

As I am not licensed in your state, I can only provide you with some general information. The dealership is most likely covered by garageman's liability insurance. You should file a claim with the dealership's insurance carrier.

You are entitled to an amount which enables the repair of the vehicle to like new condition. (I am assuming this vehicle was not totaled.)

(Continuation) You are also entitled to payment for a rental replacement vehicle during the time it takes to repair your truck. If you have difficulties dealing with the dealership's insurance carrier, you could make the claim under your comprehensive coverage, but you would have to to pay the deductible and then await your insurance company collecting the deductible from the other carrier.