Dealership wrecked MY brand new car

#203
#203
BearCat204 said:
I believe that is what they are trying to accomplish here.
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Sure it is... which is comical. But as soon as somebody starts talking like that, it's time to get your insurance company involved and back away. I know that sounds counterintuitive, but arguing with them is useless. Let the insurance company sort it out. It's what they do.
 
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#205
#205
This is awful. This is the kind of stuff that gives dealerships bad names. I think at this point its time to get a lawyer. I would like to know the name of the dealership. Just curious.
 
#206
#206
spyfish007 said:
Carfax sucks. Missing data, bad data, etc. If a car ever gets put on a frame machine just to be checked, then it has to be reported as possible frame damage, which scares everyone.
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Where are you getting this info?

No one is obligated to report anything to Carfax. No one. If a body shop reports to Carfax it is their decision. I have first hand knowledge of dealers who report to Carfax for service but not body shop.

Of course data can be missing from Carfax because no repair shop is obligated to report to Carfax. Many collissiom centers choose not to so as to protect their clients. Much of the accident history comes from police reports not repair shops. If the police report is poorly written (and they often are) that isnt Carfax's fault.

Example: if two cars are in an accident and the airbag deploys in only one car, both reports will likely show airbag deployment. That's because the police report may only specify airbag deployment and not which VIN.
 
#207
#207
9296potsguy said:
Misunderstood. They are going to try and force my insurance to be the primary. So my insurance will take the hit on future premiums and no DV will be covered.
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What? They are insane. I have 1st hand experience with these situations. Every situation I've seen, the dealer either claimed on their blanket policy or they paid out of pocket to avoid the claim.
You need to contact your insurance agency and demand the dealer provide a copy of any damage waiver she might have signed. The only thing I've seen on a waiver is that the dealership is not liable for items left in the car, etc.
 
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#209
#209
Roustabout said:
What? They are insane. I have 1st hand experience with these situations. Every situation I've seen, the dealer either claimed on their blanket policy or they paid out of pocket to avoid the claim.
You need to contact your insurance agency and demand the dealer provide a copy of any damage waiver she might have signed. The only thing I've seen on a waiver is that the dealership is not liable for items left in the car, etc.
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This. And I have seen even this not work with customers before.

A dealership I worked at was not in the best part of town and we had some people break into some cars overnight and the dealership ended up being responsible for it even though the customers signed a waiver
 
#210
#210
Seems like they're taking you for a sucker, just follow everyone's advice and let the insurance take over.
 
#212
#212
9296potsguy said:
They said that they have indeed been notified that they are claiming my insurance as primary. This is the scummiest dealership on the face of the earth.
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Lawyer up.


This is BS. I've seen some shady crap in my days. But this is beyond anything I've seen.

Make them give you another car or at the very least buy yours back at purchase price less mileage.

When I got through with them, the name on the building would be different.
 
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#214
#214
I love hearing the insurance guys say "just let your insurance deal with it. It's their job to do stuff like this." You know who's job it is to do stuff like this? Lawyers. And before you say too expensive, remember that when successful the dealership/dealership's insurance will pay the majority of those fees. Also, his insurance will go up for ANY claim made, whether it was his fault or not. Then he won't be able to get new insurance with another company for a lower rate because he has a claim within a certain amount of time. No no no. Lawyer up, bud. You should have a new car and some extra cash lying around after the dust settles.
 
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#215
#215
volglass said:
I love hearing the insurance guys say "just let your insurance deal with it. It's their job to do stuff like this." You know who's job it is to do stuff like this? Lawyers. And before you say too expensive, remember that when successful the dealership/dealership's insurance will pay the majority of those fees. Also, his insurance will go up for ANY claim made, whether it was his fault or not. Then he won't be able to get new insurance with another company for a lower rate because he has a claim within a certain amount of time. No no no. Lawyer up, bud. You should have a new car and some extra cash lying around after the dust settles.
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OK...go tell the guy to lawyer up.

Meanwhile, every single insurance company has a floor full of lawyers.

let me ask a simple question for everyone here:

Who is more likely going to get the dealership to pay for this?

1) John Does lawyers representing the insurance company who don't want the claim stuck on them and impact their Trade Combine Ratio and/or stock ratings?

2) the lawyer John Doe hires on an hourly basis who gets paid no matter what?


Ok, now let me answer this....

It's the lawyer who was hired to protect the insurance company and is on the insurance companies payroll and has to win a certain amount of cases per year to keep his job.

You think State Farm, Allstate, Nationwide, Geico, Progressive is going to get stuck with a clear cut garage keepers claim?

Hell no.

And here's the beauty of all this....doesn't cost John Doe a penny.

Stop giving this guy bad advise.

Go talk to your agent, tell him the story, do a 3 way with the claims department and sub.

Now you also have the agent involved who doesn't want to lose you (ie your commissions) so he will be there helping.
 
#216
#216
NEOCON said:
OK...go tell the guy to lawyer up.

Meanwhile, every single insurance company has a floor full of lawyers.

let me ask a simple question for everyone here:

Who is more likely going to get the dealership to pay for this?

1) John Does lawyers representing the insurance company who don't want the claim stuck on them and impact their Trade Combine Ratio and/or stock ratings?

2) the lawyer John Doe hires on an hourly basis who gets paid no matter what?


Ok, now let me answer this....

It's the lawyer who was hired to protect the insurance company and is on the insurance companies payroll and has to win a certain amount of cases per year to keep his job.

You think State Farm, Allstate, Nationwide, Geico, Progressive is going to get stuck with a clear cut garage keepers claim?

Hell no.

And here's the beauty of all this....doesn't cost John Doe a penny.

Stop giving this guy bad advise.

Go talk to your agent, tell him the story, do a 3 way with the claims department and sub.

Now you also have the agent involved who doesn't want to lose you (ie your commissions) so he will be there helping.
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:naughty:
 
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#217
#217
No offense guys...insurance companies nail people to walls on a daily basis.

Op's insurance company would nail dealership to wall and dealership would then have to report to his insurance company to get the insurance company off their back.

At that point, state laws go into effect, and the claim is handled very quickly.
 
#218
#218
NEOCON said:
OK...go tell the guy to lawyer up.

Meanwhile, every single insurance company has a floor full of lawyers.

let me ask a simple question for everyone here:

Who is more likely going to get the dealership to pay for this?

1) John Does lawyers representing the insurance company who don't want the claim stuck on them and impact their Trade Combine Ratio and/or stock ratings?

2) the lawyer John Doe hires on an hourly basis who gets paid no matter what?


Ok, now let me answer this....

It's the lawyer who was hired to protect the insurance company and is on the insurance companies payroll and has to win a certain amount of cases per year to keep his job.

You think State Farm, Allstate, Nationwide, Geico, Progressive is going to get stuck with a clear cut garage keepers claim?

Hell no.

And here's the beauty of all this....doesn't cost John Doe a penny.

Stop giving this guy bad advise.

Go talk to your agent, tell him the story, do a 3 way with the claims department and sub.

Now you also have the agent involved who doesn't want to lose you (ie your commissions) so he will be there helping.
Click to expand...


In other words, go lawyer up with your own counsel.
 
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#219
#219
9296potsguy said:
They said that they have indeed been notified that they are claiming my insurance as primary. This is the scummiest dealership on the face of the earth.
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surely you insurance company isn't going to stand for this.

Just to be clear; your insurance is telling you they've heard from the dealership and that the dealership wants them (your insurance to pay for it) right?

Why isn't your insurance company fighting to protect themselves?
 
#221
#221
volinbham said:
surely you insurance company isn't going to stand for this.

Just to be clear; your insurance is telling you they've heard from the dealership and that the dealership wants them (your insurance to pay for it) right?

Why isn't your insurance company fighting to protect themselves?
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His insurance company shouldn't even be involved.

This should have been handled quietly and discreetly.
 
#222
#222
Obsessed said:
His insurance company shouldn't even be involved.

This should have been handled quietly and discreetly.
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His insurance company will simply say they aren't paying for it. I'm sure they are going to put their all star legal team to work for the OP.
 
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