Dealership wrecked MY brand new car

#453
#453
Obsessed said:
They damaged (severely) his new car. They didn't offer to fix it. They wanted him to file it on his insurance. That's a no no.
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Not necessarily. It's wouldn't be a no no if their garage liability is an excess coverage rather than a primary coverage.
 
#456
#456
VolGee4 said:
I am not offering legal advice because this case is public record. I haven't checked to see if any new case changed this, but this is a 2012 opinion. Tennessee Court of Appeals ruled that you can't get both the cost of repairs and diminution of value. You can only receive one. Pretty clear in the case law.

https://www.tba.org/sites/default/files/grimesd_062712.pdf
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It's still the same, but it's retarded. Why should I take my car to a dealership and let them return it to me for thousands of dollars less than when I took it in?
 
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#458
#458
9296potsguy said:
It's still the same, but it's retarded. Why should I take my car to a dealership and let them return it to me for thousands of dollars less than when I took it in?
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Damages are in place to make the owner whole but not to put more money in his pocket. It appears the courts think rewarding both makes the owner more than whole. To me, the diminution of value appears to be the way to go. Take the money, sell the vehicle, and buy a new one. I know it sucks, but things happen in life. At some point, you have to move on.
 
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#459
#459
VolGee4 said:
Damages are in place to make the owner whole but not to put more money in his pocket. It appears the courts think rewarding both makes the owner more than whole. To me, the diminution of value appears to be the way to go. Take the money, sell the vehicle, and buy a new one. I know it sucks, but things happen in life. At some point, you have to move on.
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They should have been fair to me and to be honest, I'll make sure they lose money, if not by replacing the DV then on bad publicity.
 
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#460
#460
9296potsguy said:
They should have been fair to me and to be honest, I'll make sure they lose money, if not by replacing the DV then on bad publicity.
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That's fine on the publicity front. I understand being frustrated. But I see it a lot in my business. People think that something is unfair, but you can only seek damages that are under the law. You certainly can fight something on principal, but more time and money will be lost in the long run. There are other things in life that are stressful enough. Again, not trying to give you advice because I don't handle cases like this. But at some point, you have to be practical. Just from one fellow Vol to another.
 
#462
#462
VolGee4 said:
That's fine on the publicity front. I understand being frustrated. But I see it a lot in my business. People think that something is unfair, but you can only seek damages that are under the law. You certainly can fight something on principal, but more time and money will be lost in the long run. There are other things in life that are stressful enough. Again, not trying to give you advice because I don't handle cases like this. But at some point, you have to be practical. Just from one fellow Vol to another.
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Yep. Just punt. The situation sucks, but fighting the good fight is only wasting time and money at this point.
 
#464
#464
Obsessed said:
Agreed.

I've bought enough of them to understand depreciation. That's one of the reasons I always buy Ford. I use the X plan. Generally saves me 6-10k off the sticker.

In this situation though, had the dealer stepped up right away, I think it would be a non issue. But, them playing games like this, it merits a new car. Find him a demo with 5k miles on it and traded him out.
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You forget the part where he took his car to a dealership that doesn't sell his specific line of vehicle. They don't even have them on the lot. Same company, wrong line. They offered to fix his car like new and he turned them down. He is worried about diminished value which may or may not even come into play when he tries to sell his car.

It'll be something like this...

9296potsguy: "It's June, the car is still sitting in the garage unrepaired. Dealership still hasn't budged. Still fighting the good fight here though."
 
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#465
#465
Coug said:
You forget the part where he took his car to a dealership that doesn't sell his specific line of vehicle. They don't even have them on the lot. Same company, wrong line. They offered to fix his car like new and he turned them down. He is worried about diminished value which may or may not even come into play when he tries to sell his car.

It'll be something like this...

9296potsguy: "It's June, the car is still sitting in the garage unrepaired. Dealership still hasn't budged. Still fighting the good fight here though."
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The car is worth less than when he took it in. No?

It has been wrecked. I don't care what dealer he took it to, I font care if he took it to Walmart.

The screwed up his car. They are jerking him around instead of showing good business practices.

He needs to hammer their ass. Every day this goes by unresolved, it's going to cost the dealer more.
 
#466
#466
Obsessed said:
The car is worth less than when he took it in. No?

It has been wrecked. I don't care what dealer he took it to, I font care if he took it to Walmart.

The screwed up his car. They are jerking him around instead of showing good business practices.

He needs to hammer their ass. Every day this goes by unresolved, it's going to cost the dealer more.
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However, TN law does not require covering the repair amount along with diminution of value. It's one or the other. So, the only way they pay both is if they just want to do it as a kind gesture for business purposes. But there isn't much leverage there if you threaten lawsuit unless there is something else that I don't know (because I don't handle such cases).
 
#467
#467
VolGee4 said:
That's fine on the publicity front. I understand being frustrated. But I see it a lot in my business. People think that something is unfair, but you can only seek damages that are under the law. You certainly can fight something on principal, but more time and money will be lost in the long run. There are other things in life that are stressful enough. Again, not trying to give you advice because I don't handle cases like this. But at some point, you have to be practical. Just from one fellow Vol to another.
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Agreed
 
#468
#468
VolGee4 said:
However, TN law does not require covering the repair amount along with diminution of value. It's one or the other. So, the only way they pay both is if they just want to do it as a kind gesture for business purposes. But there isn't much leverage there if you threaten lawsuit unless there is something else that I don't know (because I don't handle such cases).
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Had the issue been addressed promptly after the accident, I would agree.

But here we are. Put this in front of a jury and see what happens. A judge may also find the actions of the dealer to be shady and order them to repair and pay dimished value or compensation to him for this whole thing.

The dealer is in the wrong and 100% liable.
 
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#470
#470
Obsessed said:
Had the issue been addressed promptly after the accident, I would agree.

But here we are. Put this in front of a jury and see what happens. A judge may also find the actions of the dealer to be shady and order them to repair and pay dimished value or compensation to him for this whole thing.

The dealer is in the wrong and 100% liable.
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Not sure you understand how that works. A judge will follow the law and will instruct the jury on the law.

In thinking back about this whole situation, pots should have been concerned that there was a "miss" in idle on a low mileage, new vehicle. That would have been a manufacturing issue.
 
#471
#471
508mikey said:
What kind of bad publicity ? These car dealer crooks never lose money there are way to many suckers out there
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Not getting into that until it happens. I'm sure the dealership is aware of this thread and I don't want to give them a heads up on combating it. But I can assure you, I will have their attention.
 
#472
#472
Sadly, I'm not sure you will.

There isn't a car dealer in America that hasn't royally pissed someone off.

Short of being at fault in a death, they just ignore whatever "bad publicity" comes along and at worst change the name on the sign or throw some slimy GM to the wolves while promoting another clone. Most of the time they "No comment" the 6 o'clock news consumer advocate and roll right along.

Ding them as best you can though, they got it coming.
 
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