How can I sue a car dealer?

Q: I took my car in for a transmission problem and they had the car roughly two months all work was covered under factory warranty. I got the car back and three weeks later my fiancé and my daughter were driving down the road and it caught fire and totaled the car (luckily no one was injured they jumped out of the moving car). There was transmission fluid where the car caught fire on the road. It’s in the police report also. (Pittsburgh, PA)

A:  I would make sure you notify your auto insurer asap. I would gather all evidence, police reports, your repair bills, and keep notes on all conversations with the dealer or their reps. You may want to have the vehicle sealed or kept in a locked garage by a neutral party to avoid an allegation of tampering with evidence or spoliation. Your insurer may do that for you so their expert can examine the car. They may have a subrogation claim against the dealer for what they pay out to you. Whatever you do, do not give the car back to the dealer prior to a forensic mechanical exam by your insurer or a neutral mechanic. My experience is that car dealers never want to admit fault or liability and never want to pay. Litigation is usually necessary. I would notify them but at the same time do not make any statements to them or their reps and find yourself a lawyer.

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