exit chained damaged my car

What is the name of your state?Washington. I was test driving a vehicle and meeting with a salesman at a dealership. After the meeting I was leaving the car lot in my car and couldn't see that the exit was blocked by a chain. It was dark and the chain is weathered. There are no markings on the chain. $1,440 damage to my car. I don't feel that the dealership should have put the chain up with customers still on the lot. They tell me they won't pay. What should I do now. Do I have a case for small claims court?

Sure, file a suit in small claims court. And don't be surprised when you are found at fault for the damage. In a case such as this, the court is going to determine what was the primary cause of negligence. Was the dealer negligent? Probably not, they will claim the chain has been there for years and no one ran into it till you did. But there was a motorist that was not paying full attention and ran into the chain. Ah, we have now found out the primary cause of negligence. And if you do decide to sue, don't be surprised if there is a countersuit for the damage you may have caused to their property. Your best course of action would be to file a claim with your insurance company and if they decide to the dealer is at fault, let them try to collect. The insurance company lawyers will have a much better chance dealing with the car dealership attorneys than you will by yourself.

Or, in less nice terms, it's your own fault for not seeing where you were driving, and your hopes of any recovery in a lawsuit will be directly diminished by the percent of negligence you yourelf exhibited in driving into a chain.


On the other hand, a small claims filing is what, $15? Go for it.

"It was dark and the chain is weathered"

Were your headlights not working?

ultimately, it's your fault, no matter what the chain looked like. if there was a ditch across the exit of the property because they were doing construction there, and it was unmarked, and you drove into it, then it would be their fault for knowingly creating a public hazard on their property. but the chain doesn't fall under this. it's technically a gate that was in the closed position. there's no differentiation between a huge metal gate with big orange signs on it, and a simple chain.

but you can always submit a claim in small claims court, or file it with your insurance. both avenues will cost you next to nothing.

yes, my headlights were working

I didn't post this question as a joke. I'm not stupid however I am not an attorney either. I asked a legitimate question about weather I might have a case. Stephenk, you are abusive, but I guess in this case I got what I paid for. Thank you to all others for your candid advice. I found something regarding premises liability. Some of the questions it poses were "What were the conditions? Was it dark? etc. Also, it said would a reasonable person have seen the hazard. I consider myself reasonable and my 17 year old son, also reasonable, was in the car with me and didn't see it either. I wasn't talking on the phone, putting on lipstick or fighting with my son. I was watching where I was driving. I just couldn't see the chain.

You may think the replies are a joke but these would be the exact same questions you will be asked in court if you sue. And have you contacted your insurance company yet to see what options they may provide for you?

Haven't contacted insurance yet

I haven't contacted my insurance. I didn't want them to raise my rates or drop me. I have no moving violations or accidents and neither does my husband but my son "rear-ended" a car a few months ago. I didn't think they would be eager to give me free advice about this either. I sent a "demand letter" to the dealership. They should receive it today. My purpose in inquiring about small claims is that I don't want to sue if I have no grounds.

If you think my simple question asking about your headlights is "abusive", just wait till you hear from the dealership's attorney or insurance adjuster. I hope you have enough kleenix for the tears you will be crying when they question your driving ability and inability to see a chain that your headlights illuminated.