Nissan 370Z Forum - View Single Post - One of our forum members getting screwed over by a dealership

TwinTurboZ · 06-28-2016, 11:13 PM

As a general rule, when the car is in possession of the dealer, they are liable for damage to it at least with a standard of reasonable care (ie. they cannot be negligent in the handling and protection of the property). They may attempt to disclaim the liability in the agreement (check the copy of the service agreement that you signed for such language, probably the fine print).

Ideas:
(1) Record all conversations and video of your interactions with the dealer, if it is legal (check your state laws).

(2) BBB is a waste of your time, don't bother, they are a private company that profits from charging companies to clear their name.

(3) Option 1 - Call your insurance company and make a claim for the fire damage, but tell the insurance company the dealer caused the damage. This is similar to the dealer causing an accident against your car. The insurance company has lawyers that could go after the dealership for the cost and make them pay. The dealer's insurance company may pay up shortly after. If the insurance company feels there is no liability, they might increase your rates, but they should cover the fire if your policy includes it. Caution: they may rate your risk higher in either case and increase rates, but the advantage is you can avoid messing around with legal claims.

(4) Option 2 - File your own claim in small claims court if the value is under the amount in controversy requirement. Document everything. Make sure you have an idea of the basis for your claim - you may need to find out what under what law the dealer is liable for goods in his possession, although the small claims court tends to be forgiving. Hint: UCC Article 1, bailment may be relevant, also read up on tort negligence. Bailees are expected to insure or protect goods under repair. Having documentation such as they acted improperly our with negligence will help.

(5) Option 3 - Get an attorney to draft the complaint and serve the dealership with a formal claim. If the dealer doesn't budge, then file in the local court and get ready for a fight. Note, that if you do not live in the state, this could be interstate commerce and you may be able to file in federal district court.

This is not legal advice, merely information and is not a comprehensive list of options. You should seek counsel from an attorney to protect your rights.

Good luck.

06-28-2016, 11:13 PM	#184 (permalink)
TwinTurboZ Base Member Join Date: May 2016 Location: Seattle Posts: 9 Drives: 16 370z 6M Rep Power: 8	Some thoughts As a general rule, when the car is in possession of the dealer, they are liable for damage to it at least with a standard of reasonable care (ie. they cannot be negligent in the handling and protection of the property). They may attempt to disclaim the liability in the agreement (check the copy of the service agreement that you signed for such language, probably the fine print). Ideas: (1) Record all conversations and video of your interactions with the dealer, if it is legal (check your state laws). (2) BBB is a waste of your time, don't bother, they are a private company that profits from charging companies to clear their name. (3) Option 1 - Call your insurance company and make a claim for the fire damage, but tell the insurance company the dealer caused the damage. This is similar to the dealer causing an accident against your car. The insurance company has lawyers that could go after the dealership for the cost and make them pay. The dealer's insurance company may pay up shortly after. If the insurance company feels there is no liability, they might increase your rates, but they should cover the fire if your policy includes it. Caution: they may rate your risk higher in either case and increase rates, but the advantage is you can avoid messing around with legal claims. (4) Option 2 - File your own claim in small claims court if the value is under the amount in controversy requirement. Document everything. Make sure you have an idea of the basis for your claim - you may need to find out what under what law the dealer is liable for goods in his possession, although the small claims court tends to be forgiving. Hint: UCC Article 1, bailment may be relevant, also read up on tort negligence. Bailees are expected to insure or protect goods under repair. Having documentation such as they acted improperly our with negligence will help. (5) Option 3 - Get an attorney to draft the complaint and serve the dealership with a formal claim. If the dealer doesn't budge, then file in the local court and get ready for a fight. Note, that if you do not live in the state, this could be interstate commerce and you may be able to file in federal district court. This is not legal advice, merely information and is not a comprehensive list of options. You should seek counsel from an attorney to protect your rights. Good luck.