Dealership wrecked MY brand new car

I read this thread more religiously than just about any other

my popcorn is ready for the link to the local news video lambasting the dealership
 
At church tonight, I talked to two different people that have an on going issues with the same dealership. One of them claims that their car was in for repairs and took a couple of months to repair a transmission issue. When she got it back it had 3300 more miles than when she dropped it off. We live in a community that is a 45 minute drive to this dealership.
 
By contract is the key here.

I have stated that insurance companies contract with firms.

This happens even with the big dogs.

But I don't know if any insurance companies that just go to a firm and hire a lawyer to work a case.

Maybe I am not being clear in what I am saying here.

Also, I have not worked with every insurance company in the country. I have worked with almost every one, as I write a lot of non admitted stuff also, but every week I run across a new company even after being in the business for years.

But I have never known any insurance company to not have an agreement with an actual firm and that firm be on payroll at a reduced billing rate due to volume. We don't consider those outside lawyers because a lot of them walk around the actual company head quarters so often we knew them by name.

But I have never know an insurance company to just call up a firm and be like we have some work today send us a lawyer.

I understand. I was just clarifying because another poster had mentioned that there are insurance companies that hire outside counsel, and that is correct. I didn't interpret that poster as saying that an insurance company would hire any attorney out there. I would not be surprised if some specialized attorneys are hired in complex cases. These attorneys that represent the insurance companies by contract have a majority of business with the company, but I am fairly sure they can take on other cases if time permits.
 
I am asking a question...not trying to start a fight...or get into an argument.

Your work for a firm?

Does your firm mainly deal with a certain insurance company?

I stated the insurance companies use firms all the time but normally, from what I have witnessed, the firms main client almost solely will be the insurance company.

Yes, I work for a firm and we work with all of the major companies and many that people have never heard of.

Lets say op threatens or files a lawsuit with or without an attorney. The insurance company for the dealership will hire us to represent the dealership in this case. We don't represent the insurance company, only help them get it settled or try to win the case. The only time we actually represent the insurance company is if it is a um/uim case.

Anyone or anything that has insurance can be represented, which is fun. Anything from someone who causes a car accident, dog bites, injuries at a school, construction, hoa's, city and state departments, etc.
 
I agree.

This is what I believe he could get due to it being a collision accident while at the dealership.

1) repairs with OEM parts--performed by the auto garage of his choice.

2) DV

3) Pain and suffering due to mental stress--probably 500 to 1000 bucks if he pushes it and they do think its headed to court.

4) Loss of pay if he had to miss work.

5) rental car reimbursement if it was paid out of his pocket while needing a loaner.

I don't see much more. I could be wrong as every claim rep is different and every company is to--but that's what I would request myself in this case and not budge on.

On the other hand, if there is damage to the frame, and the OP had new car replacement (lease/loan gap) there could be a new car in the future....and probably should be--even if its not salvaged.

I believe this is correct. I think we are now all on the same page as far as how insurance companies hire lawyers, we were arguing semantics about what is considered "outside counsel".

My point was that what you described above is what he SHOULD get, but I don't see the dealer's insurance company and claims adjuster doing this on their own based on his statements. I also don't believe that his personal insurance will pay him all of this and subro against the other insurance company. That is why I suggested hiring an attorney, to get the end result you described.
 
I also believe that any claim he makes on his own insurance policy will make his premium go up, which is why I attempted to dissuade him from submitting it to his own insurance.

From personal experience, any claim made on a personal insurance policy usually makes the rate go up AND precludes one from shopping around once the rate does go up because other insurance companies won't write a new policy when there has been a recent claim on the previous policy. I assume this is to help each other get reimbursed from paid claims through higher premiums. I think all insurance companies are in cahoots!
 
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I also believe that any claim he makes on his own insurance policy will make his premium go up, which is why I attempted to dissuade him from submitting it to his own insurance.

From personal experience, any claim made on a personal insurance policy usually makes the rate go up AND precludes one from shopping around once the rate does go up because other insurance companies won't write a new policy when there has been a recent claim on the previous policy. I assume this is to help each other get reimbursed from paid claims through higher premiums. I think all insurance companies are in cahoots!

In Tennessee, you can file with your provider, let them settle under collision, then subrogate. This may be a better option if the posters company deals with depreciated value. Very few do these days.
 
I dont have a clue where you live or what the make of your car is....but this has oak ridge nissan written all over it
 
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Insurance is just a money racket. Auto, Life, Health, etc. It's all a great big joke.

I actually believe this, too. They want your premiums but will find any reason to deny a claim. Don't get me started on the health insurance situation.
 
I have literally never had this happen to me......I guess I'm one of the lucky ones

BC204, do I recall that you are either in the service or a civilian who works for the military?

The only reason I ask is because of USAA. I am lucky to have USAA because of my wife's family, and they are different. They are not a corporation and setup to help its members. But, aside from that, other insurance companies are looking for the profit, just like any other business. I have certainly heard stories from friends where the insurance provider dropped them for making a claim or two.
 
BC204, do I recall that you are either in the service or a civilian who works for the military?

The only reason I ask is because of USAA. I am lucky to have USAA because of my wife's family, and they are different. They are not a corporation and setup to help its members. But, aside from that, other insurance companies are looking for the profit, just like any other business. I have certainly heard stories from friends where the insurance provider dropped them for making a claim or two.

Usaa is a great company.

For non vets Amica is very good.

Almost all standard carriers are pretty good anymore.

There is one carrier though that I will not mention which is a huge huge name that will fight to not pay a claim. They are the devil.

Auto is very black and white though so its hard to get too screwed. It is on the home with roof damage that all hell can break lose.

Commercial is just a different beast. This claim the op mentions will be commercial even if he subs.
 
So, don't buy it.

Auto is required by law, health is getting ridiculous (and now required by law) and home can be a struggle for them to pay out. It is a necessary evil.

Edit: and before you get offended if you are an insurance agent, I am a criminal defense attorney and my father retired from Chrysler in the sales division. So, the public doesn't view us much better.
 
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Nope, I see they have an impressive D- score, but the dealership I'm referring to has a solid F with BBB.

I'm not trying to dig out which dealer it is, but have they changed names somewhat frequently?

When I was still in that world, the worst ones seemed to have a new name about every year, but the same old lot lizards and shady service writers slithering around the lot.
 
Auto is required by law, health is getting ridiculous (and now required by law) and home can be a struggle for them to pay out. It is a necessary evil.

Edit: and before you get offended if you are an insurance agent, I am a criminal defense attorney and my father retired from Chrysler in the sales division. So, the public doesn't view us much better.

Thanks for addressing this for me. All valid points. I will say that I can't really gripe about my current health insurance, but what I had previously was $511.72/month for the ****tiest coverage you could imagine. A few years back, the roof on my parent's house had to be replaced. They had been with the same insurance company for years, never filed a claim. Filed a claim for the roof and got dropped.
 
Thanks for addressing this for me. All valid points. I will say that I can't really gripe about my current health insurance, but what I had previously was $511.72/month for the ****tiest coverage you could imagine. A few years back, the roof on my parent's house had to be replaced. They had been with the same insurance company for years, never filed a claim. Filed a claim for the roof and got dropped.

We are diverting the thread a little, but that is not surprising. I don't know if you have a family or not, but I work for myself and have 3 kids. I got a notice last month that my health insurance was being increased to more than $900/month. That is for what they call a HDHC- high deductible health coverage. No co-pays; no co-insurance. The middle class is getting screwed.
 
We are diverting the thread a little, but that is not surprising. I don't know if you have a family or not, but I work for myself and have 3 kids. I got a notice last month that my health insurance was being increased to more than $900/month. That is for what they call a HDHC- high deductible health coverage. No co-pays; no co-insurance. The middle class is getting screwed.

Amen!!!
 
VolGee, I'm in the same boat. Farm Bureau health insurance for the win! I looked up marketplace and all that jazz when wife switched jobs. Group rates, $30 per year for membership. I've had it as personal insurance for years.
 

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