Dealer gets my car in an accident while I left it with them
11-15-2011, 11:31 AM
#41
"not at fault" accidents are a silly concept.
Ask motorcyclists if sitting at a light and not watching your mirrors is ok.
Obviously, in the case of the OP, he wasn't even in the car so I'm not trying to suggest that he's a higher risk because his car got hit (though he does take his car to a dealership which has demonstrated that it can get a customer's car in an accident, food for thought).
Everyone else I've met that had a string of "wasn't my fault" accidents, well, let's just say I'd charge them higher premiums if I were sticking MY assets on the line for them.
Ask motorcyclists if sitting at a light and not watching your mirrors is ok.
Obviously, in the case of the OP, he wasn't even in the car so I'm not trying to suggest that he's a higher risk because his car got hit (though he does take his car to a dealership which has demonstrated that it can get a customer's car in an accident, food for thought).
Everyone else I've met that had a string of "wasn't my fault" accidents, well, let's just say I'd charge them higher premiums if I were sticking MY assets on the line for them.
11-15-2011, 01:45 PM
#42
People are so much better off just agreeing to fix things out of pocket themselves or agreeing to fix their own damages if possible, even if that means seperate claims to each owns' insurance company but claiming it as a non driver operated damages or vandalism, since that has nothing to do with your driving record, which is a huge basis for how you are rated and stays there for years.
That's not to say that too many non driving related claims can't make your rates go up, it's just that they usually don't follow the car when shopping for new insurance while reported accidents follow the drivers, regardless of fault.
Insurance companies don't want this info to go any more public than it is, think of all the extra revenue they generate with these tactics. It's no wonder why there is opposition to these ideas, it's basically whistleblowing.
Last edited by winstrolvtec; 11-15-2011 at 01:50 PM.
11-15-2011, 02:38 PM
#44
Burning Brakes
"not at fault" accidents are a silly concept.
Ask motorcyclists if sitting at a light and not watching your mirrors is ok.
Obviously, in the case of the OP, he wasn't even in the car so I'm not trying to suggest that he's a higher risk because his car got hit (though he does take his car to a dealership which has demonstrated that it can get a customer's car in an accident, food for thought).
Everyone else I've met that had a string of "wasn't my fault" accidents, well, let's just say I'd charge them higher premiums if I were sticking MY assets on the line for them.
Ask motorcyclists if sitting at a light and not watching your mirrors is ok.
Obviously, in the case of the OP, he wasn't even in the car so I'm not trying to suggest that he's a higher risk because his car got hit (though he does take his car to a dealership which has demonstrated that it can get a customer's car in an accident, food for thought).
Everyone else I've met that had a string of "wasn't my fault" accidents, well, let's just say I'd charge them higher premiums if I were sticking MY assets on the line for them.
11-15-2011, 04:24 PM
#47
Moderator
haha tell that to the high taxes in socal.. and yes we are being penalized, but we have no control over it..
its just the way it is man.. there can be many explanations, but we dont want to get into that.
its just the way it is man.. there can be many explanations, but we dont want to get into that.
11-15-2011, 05:18 PM
#48
Drifting
I brought my 7 month old 2011 TL to the dealer for a minor check and waited at the location since it was only an hour and a half's work.
An hour or so later, someone calls me over at the service area and tells me something happened. Heart sinks in already before they show me my car.
Apparently, one of their mechanic took it out for a test drive and he got clipped on the side by someone who drove past him. From what they have told me, the other drive is at fault. My front left door is scratched, the rear left door is dented and scratched, the rear wheel arch is heavily scratched. And the left rear wheel is scratched.
The first thing they tell me is they will repair everything on the house and that it will be like new. At that moment, I was so devastated I barely had anything relevant to ask or tell them except how they can expect to get an almost brand new vehicle back to its original state? It went on for a while longer and they kept pushing that it was an accident — and not one that is their fault but someone else's — that they could leave me hanging and ask for my insurance to claim the repairs and that they're helping me by doing it for free out of goodwill since apparently, after signing on the repair bill when I dropped the car, it was out of their responsibility.
Some more arguing ensued and they asked me to come back on Monday to see what we'll do finally. But they've agreed to only repair the front door and wheel arch by repainting and doing whatever it is you do to fix scratches and to replace the rear door panel and rear wheel. Balancing of wheels and suspension. And that is it.
I have asked friends but they're more about opinions rather than facts. Some say the most I should expect is the free repair since it was an accident while some say I should push for financial compensation or compensation of some kind. I do not have a copy of the repair bill I've signed and obviously I didn't read all the small print before I signed it (that'll teach me… but then again I'm positive I'm in the vast majority).
Just about everyone I've asked said it would be a waste of time and money to sue. We are located in Canada, I should add.
My thoughts after some time off from the whole thing are that it's technically a few scrapes only and the damage should be external. But I worry about further consequences down the line a few years later, with the suspension, chassis, rust.
I'm still not completely over it so some details may have slipped my mind. Please ask me if there's anything I would've missed that would help you share some thoughts about this.
An hour or so later, someone calls me over at the service area and tells me something happened. Heart sinks in already before they show me my car.
Apparently, one of their mechanic took it out for a test drive and he got clipped on the side by someone who drove past him. From what they have told me, the other drive is at fault. My front left door is scratched, the rear left door is dented and scratched, the rear wheel arch is heavily scratched. And the left rear wheel is scratched.
The first thing they tell me is they will repair everything on the house and that it will be like new. At that moment, I was so devastated I barely had anything relevant to ask or tell them except how they can expect to get an almost brand new vehicle back to its original state? It went on for a while longer and they kept pushing that it was an accident — and not one that is their fault but someone else's — that they could leave me hanging and ask for my insurance to claim the repairs and that they're helping me by doing it for free out of goodwill since apparently, after signing on the repair bill when I dropped the car, it was out of their responsibility.
Some more arguing ensued and they asked me to come back on Monday to see what we'll do finally. But they've agreed to only repair the front door and wheel arch by repainting and doing whatever it is you do to fix scratches and to replace the rear door panel and rear wheel. Balancing of wheels and suspension. And that is it.
I have asked friends but they're more about opinions rather than facts. Some say the most I should expect is the free repair since it was an accident while some say I should push for financial compensation or compensation of some kind. I do not have a copy of the repair bill I've signed and obviously I didn't read all the small print before I signed it (that'll teach me… but then again I'm positive I'm in the vast majority).
Just about everyone I've asked said it would be a waste of time and money to sue. We are located in Canada, I should add.
My thoughts after some time off from the whole thing are that it's technically a few scrapes only and the damage should be external. But I worry about further consequences down the line a few years later, with the suspension, chassis, rust.
I'm still not completely over it so some details may have slipped my mind. Please ask me if there's anything I would've missed that would help you share some thoughts about this.
11-15-2011, 05:24 PM
#49
Drifting
Well, if you were in the car and someone hit you, the most you could expect is that they repair it to a reasonable standard. They wouldn't be liable for delivering to you an uncrashed car in similar shape to your pre-accident vehicle.
The dealer is basically a proxy for you in this case, they are in fact being generous from a legal standpoint by offering to repair the car for you if the accident is in fact the fault of the other party, however the details of the accident may be worth noting. For example, do they have the insurance information of the at fault driver that hit your car? Can you make a claim against their insurance?
If the dealer can't substantiate that the other party is at fault, and no claim can be made against their insurance, then you could claim it on your comprehensive coverage, but the insurance company would surely go after the dealer, so the dealer would have to pay for it either way if it's their fault.
This is all based on a loose and unprofessional understanding of insurance in the USA, similarities to the Canadian justice system are assumed but not guaranteed, hopefully this gets the ball rolling with more discussion as well.
Terrible situation to be in though, my sympathies.
The dealer is basically a proxy for you in this case, they are in fact being generous from a legal standpoint by offering to repair the car for you if the accident is in fact the fault of the other party, however the details of the accident may be worth noting. For example, do they have the insurance information of the at fault driver that hit your car? Can you make a claim against their insurance?
If the dealer can't substantiate that the other party is at fault, and no claim can be made against their insurance, then you could claim it on your comprehensive coverage, but the insurance company would surely go after the dealer, so the dealer would have to pay for it either way if it's their fault.
This is all based on a loose and unprofessional understanding of insurance in the USA, similarities to the Canadian justice system are assumed but not guaranteed, hopefully this gets the ball rolling with more discussion as well.
Terrible situation to be in though, my sympathies.
11-19-2011, 08:21 AM
#52
Suzuka Master
I brought my 7 month old 2011 TL to the dealer for a minor check and waited at the location since it was only an hour and a half's work.
An hour or so later, someone calls me over at the service area and tells me something happened. Heart sinks in already before they show me my car.
Apparently, one of their mechanic took it out for a test drive and he got clipped on the side by someone who drove past him. From what they have told me, the other drive is at fault. My front left door is scratched, the rear left door is dented and scratched, the rear wheel arch is heavily scratched. And the left rear wheel is scratched.
The first thing they tell me is they will repair everything on the house and that it will be like new. At that moment, I was so devastated I barely had anything relevant to ask or tell them except how they can expect to get an almost brand new vehicle back to its original state? It went on for a while longer and they kept pushing that it was an accident — and not one that is their fault but someone else's — that they could leave me hanging and ask for my insurance to claim the repairs and that they're helping me by doing it for free out of goodwill since apparently, after signing on the repair bill when I dropped the car, it was out of their responsibility.
Some more arguing ensued and they asked me to come back on Monday to see what we'll do finally. But they've agreed to only repair the front door and wheel arch by repainting and doing whatever it is you do to fix scratches and to replace the rear door panel and rear wheel. Balancing of wheels and suspension. And that is it.
I have asked friends but they're more about opinions rather than facts. Some say the most I should expect is the free repair since it was an accident while some say I should push for financial compensation or compensation of some kind. I do not have a copy of the repair bill I've signed and obviously I didn't read all the small print before I signed it (that'll teach me… but then again I'm positive I'm in the vast majority).
Just about everyone I've asked said it would be a waste of time and money to sue. We are located in Canada, I should add.
My thoughts after some time off from the whole thing are that it's technically a few scrapes only and the damage should be external. But I worry about further consequences down the line a few years later, with the suspension, chassis, rust.
I'm still not completely over it so some details may have slipped my mind. Please ask me if there's anything I would've missed that would help you share some thoughts about this.
An hour or so later, someone calls me over at the service area and tells me something happened. Heart sinks in already before they show me my car.
Apparently, one of their mechanic took it out for a test drive and he got clipped on the side by someone who drove past him. From what they have told me, the other drive is at fault. My front left door is scratched, the rear left door is dented and scratched, the rear wheel arch is heavily scratched. And the left rear wheel is scratched.
The first thing they tell me is they will repair everything on the house and that it will be like new. At that moment, I was so devastated I barely had anything relevant to ask or tell them except how they can expect to get an almost brand new vehicle back to its original state? It went on for a while longer and they kept pushing that it was an accident — and not one that is their fault but someone else's — that they could leave me hanging and ask for my insurance to claim the repairs and that they're helping me by doing it for free out of goodwill since apparently, after signing on the repair bill when I dropped the car, it was out of their responsibility.
Some more arguing ensued and they asked me to come back on Monday to see what we'll do finally. But they've agreed to only repair the front door and wheel arch by repainting and doing whatever it is you do to fix scratches and to replace the rear door panel and rear wheel. Balancing of wheels and suspension. And that is it.
I have asked friends but they're more about opinions rather than facts. Some say the most I should expect is the free repair since it was an accident while some say I should push for financial compensation or compensation of some kind. I do not have a copy of the repair bill I've signed and obviously I didn't read all the small print before I signed it (that'll teach me… but then again I'm positive I'm in the vast majority).
Just about everyone I've asked said it would be a waste of time and money to sue. We are located in Canada, I should add.
My thoughts after some time off from the whole thing are that it's technically a few scrapes only and the damage should be external. But I worry about further consequences down the line a few years later, with the suspension, chassis, rust.
I'm still not completely over it so some details may have slipped my mind. Please ask me if there's anything I would've missed that would help you share some thoughts about this.
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