What do you think should happen?
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Freshman User
Joined: Jun 2005
Posts: 46
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From: Corapeake, NC
What do you think should happen?
A good friend of mine took his vehicle into the local dealer to have some work done on it. Once the dealers shop completed the work their tech took the truck out for a test drive to make sure everything was done right. During this test drive another driver slammed into the rear of the truck, bent the frame and totaled the truck. The dealer put him in a rental for the time being and now the fun should begin. The truck in question was a 99 Explorer in excellet condition and it was a Ford dealer that had poession of the truck when the accident occured. What would you ask for from the dealer to try and make the problem seem fair to all sides?
Posting Guru
Joined: May 2002
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From: Baltimore
It will be an insurance settlement, and they will go by the book value. It will probably fall on the insurance company of the guy that was at fault. Your friend should have his insurance company involved to look at for his best intersts. The best he can do with the dealer is to work out a good deal on a new/used vehicle.
Senior User
Joined: Feb 2004
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Originally Posted by marragtop
It will be an insurance settlement, and they will go by the book value.
If the insurance company won't negotiate, he can always file a complaint with the state attorney general, the state insurance commission, and the FTC. This will get results.
Not an insurance issue, but I went back and forth with Home Depot this year over a gift card I was supposed to get for an appliance purchase. Long story short, they wouldn't give it to me until I complained to the Oregon AG's office. I got the card a couple of weeks later.
Good luck!
Posting Guru
Joined: Oct 2006
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From: charlotte nc
If the insurance doesnt give enough to replace the truck you can take the dealer to court and ask for them to make up the differance, I garantee you it wont go that far as soon as they see your are serious or get a letter from an attorney. It should not be a problem I wouldnt worry yet. It the accidents where the is no insurance where you get screwed
Senior User
Joined: Dec 2004
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From: North Of Pittsburgh
Tell you friend not to talk to anyone and find a good laywer. And start fighting. He can always go after the guy himself. Dont deal or sign anything from anyone. I am going through this right now. And forget letting his INS company doing anything.
Posting Guru
Joined: Apr 2003
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seems to me the dealer has no liability unless you told them not to drive it. They were merely doing what you asked. The at-fault drivers ins is liable for all damages I would think.
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Elder User
Joined: Oct 2003
Posts: 504
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From: Gilbert, AZ
its unfortunate that this had to happen. what bad luck. if this happened to me i would be highly pissed. at any rate if it is a reputable dealer (a big name one) i would think you'd end up with another similar truck from their lot. im sure the dealer would not try and screw you because they know they could get in a lot of trouble with a lawsuit should you have to file one. even if the person driving the truck wasnt at fault it was still in the dealers care and you ended up on the short end of the deal. i would think they would be taking the utmost care of your needs and working with you to try and find something you can drive/use. in the meantime, if you can afford it, i'd try and get a lawyer contacted and see if they would take the case. dont sign or agree to anything without one.
Last edited by 4.0 Beast; Dec 23, 2006 at 10:13 PM.
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Senior User
Joined: Nov 2004
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If the insurance company doesn't make up the difference, the dealer should. You might have to buy it from them, but so what? Yeah you're pissed at them, but it was the tech's fault, not the dealers.
But really, how fast was he going to bend the frame? Sounds like very reckless driving, especally in a customer's car. Not as reckless as this, though.
And a picture
But really, how fast was he going to bend the frame? Sounds like very reckless driving, especally in a customer's car. Not as reckless as this, though.
And a picture
Last edited by CTford; Dec 23, 2006 at 10:22 PM.
Posting Guru
Joined: Dec 2002
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From: Racine county, WI
Give them 48hr to write you up an offer and if it's not good or they don't come through lawyer up! Dealers are the worst at getting a penny out of so you might as well just prepared for battle.
Junior User
Joined: Oct 2006
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My family owns a repair shop. We have had this happen to us as well. The law states that if a test drive is reasonable and justified to test the repairs then the accident will be treated as if the owner was driving the vehicle. No responsibility will fall onto the repair facility.
That said, your buddy needs to have insurance in the event that the man that hit the vehicle does not. The hitter will carry all financial responsibility, you need insurance only to protect yourself in the event the other driver was driving illegally, (without insurance).
That said, your buddy needs to have insurance in the event that the man that hit the vehicle does not. The hitter will carry all financial responsibility, you need insurance only to protect yourself in the event the other driver was driving illegally, (without insurance).
New User
Joined: Oct 2006
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Sorry to tell you, but your frined should check the agreement he signed when he agreed to have them work on the car. My father had his car at the dealer a few years ago and while it was sitting in the lot waiting to be fixed the next day it was broken into. The stole stereo, broke the windows and trashed the inside of the car. Though you would think that the dealer should be responible, if you check the agreement carefully, when he agreed to have them service the car, he also waived all responsibilty from thedealer if anything happened to the car while in their care. My only sugeestion is to have him go to the media. Lawyer will only cost him money and he will most likely get nothing, dealer is more likely to cave if there is negative publicity.
Senior User
Joined: Jul 2005
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Originally Posted by bcjim
seems to me the dealer has no liability unless you told them not to drive it. They were merely doing what you asked. The at-fault drivers ins is liable for all damages I would think.
We have a winner.
.
Elder User
Joined: Oct 2003
Posts: 504
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From: Gilbert, AZ
ok sounds like we have a lot of lawyers here. having a car broken into is WAY different than having a wreck while the technician is driving. there is never any liability on the part of the place where your vehicle is parked (for example just about any parking lot like disneyland, a shopping center, a car wash) for theft. an accident is totally different. what should happen and what will happen are also 2 way different things. if it was not the technicians fault vs. it was the techs fault are also 2 different outcomes. since it was not his fault, then the insurance company of the at fault driver will have a majority say so but the dealer is not entirely off the hook. i personally dont sign a darn thing before the truck gets worked on. i sign AFTER i take possession of the vehicle after all repairs. not sure how its done by you.
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