Dealership wrecked my car.

[greystone]

I have a 2011 Ford Fusion Sport. Purchased at said dealership 2 months ago.

I took the car in for some warranty work on Monday. The PTU fluid was burnt. They replaced the fluid and wanted to "test" it for a couple days to make sure it was fixed. The technician had apparently been driving the car home at night. While in his possession the car was hit in his driveway. Resulting in damage almost the entire length of the passenger side.

What are my options? Dealership is obviously repairing the damage but I really don't want a repainted/repaired car that I just purchased 2 months ago.

It's a no win situation for me.

 

[JHZR2]

I'd demand a new car. I agree with you totally. The car should be returned repaired and in "as left" condition. While some insurance may claim that a repaired car is "as left", I think you have a good case that it is not.

Proving valuation loss for cash settlement is another option - how much less is the car worth now that it has a documented case on its history?

Good luck. Be ready to sue the dealer and their insurance company.

 

[Lead Shoes]

Umm, why would he take your car HOME, I could understand if it got sideswiped at an intersection on a test drive, but at his home???

I would push the dealership to fix everything and purchase the vehicle from you for the value of it BEFORE it was damaged on their time.

 

[Clevy]

Originally Posted By: JHZR2
I'd demand a new car. I agree with you totally. The car should be returned repaired and in "as left" condition. While some insurance may claim that a repaired car is "as left", I think you have a good case that it is not.

Proving valuation loss for cash settlement is another option - how much less is the car worth now that it has a documented case on its history?

Good luck. Be ready to sue the dealer and their insurance company.


I agree. You bought a new car. If you ever chose to sell it car fax will indicate its been in a severe accident.
Get a lawyer,have him walk in and talk to the dealer. You should be able to drive a new car off the lot.
I hope it works out for you. No way should a tech be taking your car home. Who says it happened in his driveway. Who says he wasn't running errands or something and using it for personal things.
Get in touch with ford corporate. No way will they tolerate this kind of stuff. And call your local news station as well as the news paper.

 

[antiqueshell]

I would first talk to the owner and politely and firmly tell him that you will not be accepting a repaired vehicle that was damaged by their technicians while performing service work. The car is fairly new and was in perfect condition (with serviced trans) before you brought it in. Firmly request a new comparable car. The dealer is insured for this kind of thing and their insurance will pay for most of the cost of the new replacement vehicle, if they refuse have an attorney write a letter to the owner informing him that you will be suing to be made whole.

Agreed with the other poster, tell the dealer that you will go to the local TV outlets and recount your experience if you are not made whole with a new vehicle.

 

[The Critic]

I really doubt any of these demands will be met. The dealer's insurance company will probably make you "whole" in their eyes, and they really owe you nothing more. Sorry to hear that it happened, but stuff does happen.

 

[timish]

No reason for the person to bend over and just take it though.

Spend the money, hire the lawyer and get this situation resolved to your satisfaction.

How is the dealership insurance going to cover the person's vehicle when it was sitting at some employee's house off the clock? It wasn't damaged on the lot or while the employee was "working".

 

[mrsilv04]

Originally Posted By: Clevy

Get in touch with ford corporate. No way will they tolerate this kind of stuff.


Ford couldn't care less. They'll simply state that a dealership is an independently owned business and they'll refuse to go any further than that.

Been there, done that. Ford can't insert themselves in every screw-up that a customer reports to them about a dealer. Otherwise, they'd have to stop making cars to find enough help do mediate all of the problems.

 

[The Critic]

Originally Posted By: timish

How is the dealership insurance going to cover the person's vehicle when it was sitting at some employee's house off the clock? It wasn't damaged on the lot or while the employee was "working".


I am under the impression that the tech took the vehicle home with them for further road testing. This would be under the scope of their professional service, IMO.

 

[jeepman3071]

Originally Posted By: timish
No reason for the person to bend over and just take it though.

Spend the money, hire the lawyer and get this situation resolved to your satisfaction.

How is the dealership insurance going to cover the person's vehicle when it was sitting at some employee's house off the clock? It wasn't damaged on the lot or while the employee was "working".


This. I don't think their insurance would be happy with dealers letting techs take a customer's car home. If the tech hits someone in the customer's car how will the dealership insurance cover that? This would mean extending their liability to outside what happens on dealership property.

 

[stephen9666]

Originally Posted By: The Critic
I really doubt any of these demands will be met. The dealer's insurance company will probably make you "whole" in their eyes, and they really owe you nothing more. Sorry to hear that it happened, but stuff does happen.


+1

I have a lot of sympathy for the OP. I'd be super mad.

In cases like this, people on forums always say "demand a new car," but I don't know if that will happen. I hope the OP does get a new car, but I don't know if he will without lawyering up and getting into a huge ordeal. But, hopefully I'm wrong.

 

[REDDOG]

Wow. This is crazy. It's bad enough to need warranty work on a 2 month old vehicle, but it happens. But to have this happen is terrible. I certainly believe you should have a new car but somebody is probably looking for the cheapest way out.

I feel for you, OP! I wish you the best and please keep us posted on how things work out.

 

[tomcat27]

Fair or not, the likely outcome is that insurance will repair the car; hopefuly with a lifetime warranty on the body work. sorry to say, everything else here is emotion.

let's say that you buy a new car and as you are leaving the dealer somebody hits your car and its their fault. the likely outcome: your brand new car will get fixed, not replaced.

 

[bdcardinal]

Are you the original owner of the vehicle? A 2011 Fusion Sport should not have spent that long on a lot. That being said, I could see demanding the dealer make you whole on a vehicle of equal value to your Fusion at the time you purchased it.

 

[aquariuscsm]

Originally Posted By: JHZR2
I'd demand a new car.


^^This,and don`t accept anything less,period.

 

[daves87rs]

With all the huffing a puffing in this thread, you can't expect much. The actually suing part is kinda funny....

First of all, I would want to see the extent of the damage. This will give you an idea whether the car is really going to be screwed up or not. Chances are good the dealership will fix it themselves, and keep it off carfax anyways. First, I would see what the dealership offers to do. Accidents do happen, even in this case. If they are a good dealership, they will be open to do what you ask, provided you don't march in with demands....


This is not the first time I've heard of this. A Neighbor with an 11' Cruze had her car in for an oil change, and when the tech parked it a bit too close to another car, a customer missed it and nailed the front end. Turns out there was no frame/engine damage, just a bunch a parts replaced/painted up front. They fixed it well, and it won't come up on carfax (cash paid by dealership). All further oil changes/other stuff is free. And her husband got a nice"extra" discount on his Cruze as well. And looking at it, you would never knw it happened.....


I'm hoping for the best for ya, and that the dalership does things right here...

 

[stumpypete]

Some states have said "diminished value" due to an accident being on the record is compensable by the at-fault driver's insurance company. If so, I would take the car to CarMax or a similar place that buys cars and get an estimate of it's trade in value. He will see the accident show up on Carfax and factor that in. Ask the guy what it would be worth if it hadn't been in the accident. The difference in those numbers is what your claim will be for "dimished value". See if the dealer will "make you whole" based on that number. If not and it's a big number take it to an attorney. If it's a small number I'd go through small claims court armed with the CarMax's estimate numbers.

 

[Kuato]

Originally Posted By: The Critic
Originally Posted By: timish

How is the dealership insurance going to cover the person's vehicle when it was sitting at some employee's house off the clock? It wasn't damaged on the lot or while the employee was "working".


I am under the impression that the tech took the vehicle home with them for further road testing. This would be under the scope of their professional service, IMO.


I can't agree. While driving it several times in different conditions is part of the repair process in this case, the owner has a reasonable expectation that his vehicle will be safe on the dealer's lot overnight. I don't think OP expected anyone to take his car home as a demo overnight. This could be extended to "well he just took the car to Las Vegas to test it out more thoroughly".

OP I would work on a new vehicle, or at the very least, repair of your car AND some sort of cash settlement for the difference in value; but be ready for dealer's insurance to argue that value is the same.

Agreed to find an attorney, even though doing so may result in diminished returns.

 

[Trajan]

Originally Posted By: stephen9666
Originally Posted By: The Critic
I really doubt any of these demands will be met. The dealer's insurance company will probably make you "whole" in their eyes, and they really owe you nothing more. Sorry to hear that it happened, but stuff does happen.


+1

I have a lot of sympathy for the OP. I'd be super mad.

In cases like this, people on forums always say "demand a new car," but I don't know if that will happen. I hope the OP does get a new car, but I don't know if he will without lawyering up and getting into a huge ordeal. But, hopefully I'm wrong.


And keep in mind it was two years old at time of purchase. I doubt very much that anything more will happen other than the car being fixeed. It wasn't totaled after all.

Sure, it stinks. I'd be mad too. But let's be realistic here.

 

[michaelluscher]

Using previously posted methods ^^^
New car.
Do whatever has to be done.