My brand new Mercedes was being transferred from a San Diego dealership to my house in the Bay Area at the courtesy of the dealership. Before we even saw the car, we got a call from the trunk driver telling us that our car was damaged while he was unloading it at a Bay Area dealership. His insurance agreed to fix it but refused to pay for my pain and suffering due to this incident. Besides waiting for my car for 4 months before getting it and have made plans to use it which now need to be canceled, we have wasted a lot of time dealing with this and have suffered sleepless nights mourning over that our new car is no longer in perfect condition.
You can claim loss of use from the Company, in addition to cost of repair. Since your car is brand new and financed, you can claim any diminution of value if it is total loss.
You do not recover pain and suffering damages for property damage only claim.
This is a property damage claim only. You cannot recover anything for pain and suffering, and no court would award it to you. You may be able to get compensation for loss of use for the time it had to be repaired, or rental if you rented a car while it was being repaired, but nothing more. Nothing for your mental anguish or sleepless nights. Sorry.
In a claim for property damage, you have no legal right to recover pain and suffering damages or lost time in dealing with the claim. You're out of luck on this one. You're only entitled to the repair costs and loss of use, which is generally resolved for the cost of a rental car for the time your car is being repaired.
The limit of your damages, as stated by my colleagues, is the rental value of an equivalent car during the period of the delay.
Not even a Maybach Mercedes is worth "mourning". Save that for serious matters.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
You may have a loss of use claim if you paid for the car and were deprived of the ability to use it. You can also complain about the dealership and/or truck driving service. However, California law does not allow for the recovery of pain and suffering damages based on the facts you have described.
This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.
The court does not allow "pain and suffer" for a delayed delivery of a Mercedes. I strongly encourage you to seek significant therapy if this caused you "sleepless nights" and "mourning." I also would encourage some community service to ease the tension and restore your faith in humanity.
Sorry, this is a contractual matter and you are not entitled to any kind of pain and suffering damages.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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