I've contacted the dealership a few times for the mold they left in my car. Amongst other situations. They said they

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Customer: I've contacted the dealership a few times for the mold they left in my car. Amongst other situations. They said they were gonna send a check for the detail/mold clean and I haven't received anything. The last time they contacted me was a month ago. It seems they keep blowing me off. Even after I said it was a health risk. It was supposed to be detailed before they brought it to me. Is there anything I can do about this?
JA: Can you confirm which state you're in? It will help the Lawyer give you a specific answer since laws can vary by location.
Customer: Michigan
JA: What steps have you taken so far?
Customer: I've called them and text them. I was told a month ago they were sending the check out the next day. It's never been received.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I've had electronic problems since the first week. They won't fix it cause I have a "warranty" but I would have to pay for all the diagnostic issues that are $150 each. That's not including the issue to be fixed.
Answered by Legal Eagle in 20 mins 2 months ago
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Legal Eagle, Expert

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:

  • I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly;
  • I will respond as quickly as I can, but there may be an occasional delay. With that said...

Do you know how the heck got mold in the car?

Customer
No I do not. I took a picture of it to show them.
Customer
They were suppose to detail it before bringing it to me.
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Legal Eagle, Expert

Ok, got it! Did you take it to another mechanic to find out what the heck may have happened or to get it fixed up?

Customer
No. I haven't been able to afford it. It's $150 cash for each diagnostic itself.
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Legal Eagle, Expert

Understood! So you're just wondering what it is you can do here, correct?

Customer
Hi
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Legal Eagle, Expert

Got it! Was there anything else you wanted to add? If not, I can begin working on your answer.

Customer
Aside from the mold, I've had 3 lights come on, wobble on right side and clunking under the front. All this happened the first 3 weeks I had it.
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Legal Eagle, Expert

Ok, thank you for adding that! Was there anything else before I answered?

Customer
Not that I can think of.
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Legal Eagle, Expert

Got it! I just need a little time to do some research and draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long!

Customer
Ok. Thank you.
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Legal Eagle, Expert

I'm so sorry to hear about your situation!

This to me sounds like a classic case of negligence by the dealer because they left mold in the car because an ordinary dealer would have taken it out.

Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation? And did the negligence cause damages?” If the answer to that question is yes, then there is negligence and you are entitled to damages. Damages can be difficult to calculate,

  • Nominal damages are awarded when a plaintiff was not injured but was legally wronged. This situation is rare because negligence cases usually require proof of injury.
  • Compensatory damages are paid for actual injuries suffered, designed to return the plaintiff to the same situation he or she was in before the negligence in question occurred. Sometimes compensatory damages are categorized by intangible (emotional distress, paind and suffering) and tangible losses (medical expenses, property damage).
  • In some cases, a person can include "loss of consortiuim." Loss of consortium compensates the spouse of an injured person for the loss of companionship and services they suffered because of the injury.
  • Punitive damages, in rare cases. These are awarded if the defendant's actions are proved to be reckless, wanton, or purposeful, meaning the person acted in complete disregard of others' safety.

    Please let me know if this has answered your question fully. I hope this information is helpful to you. If you need additional assistance or have follow-up questions, please reply to my message below, and I will respond as soon as I can.

Customer
I still have the mold in my car as we speak. I told them the day they brought me the car it had mold in it. That was on 7/24/22.
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Legal Eagle, Expert

Got it!

You may want to consider just writing a formal demand letter explaining that you want it removed at THEIR COST. There’s a site that I’ve used in the past where you can find templates for various legal issues, including a demand letter (click the link below). https://www.etsy.com/listing/674752957/demand-letter?ref=listings_manager_grid
Lawyers use letters like these often to enforce their client’s rights. It only costs $12 and it is about 90% cheaper than hiring an attorney to do it.Did you have any other questions for me about this? Was there anything else I can clarify for you?

Customer
No. That's it. Thank you
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Legal Eagle, Expert

You bet! Thank you for trusting JustAnswer with your question. PLEASE USE YOUR MEMBERSHIP! On top of lawyers, you have access to thousands of experts including:

You can always request me, too. Once you log back in, you can request me @LegalEagle
In the meantime:
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  • Tips of course are never required, but always appreciated.

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