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What damages can I collect for filing a lawsuit in small claims court in NY state for auto dealer misrepresentation

Asked over 3 years ago - Scarsdale, NY

Lawsuits

hi how are you, i am about to file a small claims lawsuit on a car dealership. there was a problem with the car which originally was a class action suit on the problem that i had but the dealer and the corporation blew me off.so i purchased an extended warranty on my own and the problem was repaired at another repair shop .(not the dealer)my question is can i still claim the total bill since i paid for the warranty on my own(warranty is not thru dealer and has no effect on the dealer)the reason is that they also were neglegant on the servicing of the vehicle

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if i do win this small claims case do i have to pay the warranty company back for what was paid for or can i do the small claims for the cost of my warranty that i paid for

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Joshua M King

Answered over 3 years ago. Communications / Media Law Attorney in Seattle, WA.

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Not likely - you might potentially recover some part of what you paid for the warranty, but that's about it. And yes, the warranty company might have a subrogation claim against whatever you recover, assuming they found out about it.

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