One of our forum members getting screwed over by a dealership

[Isamu]

Sorry I have not posted yet. I have been extremely busy. I will answer everyones questions as soon as I can

[VABAM]

Here are a few pics. There are a ton more but not going to post them.

[Haboob]

I've got my torch and pitchfork ready. Let's march.

[DeliriousClam]

Originally Posted by Haboob

I've got my torch and pitchfork ready. Let's march.

I've been busy destroying the dealership's reputation

[6spd]

Lets keep 1 star reviewing their FB page into smithereens!

[Haboob]

Originally Posted by DeliriousClam

I've been busy destroying the dealership's reputation

Though, I don't think any dealership cares about any "reputation" they have. Especially in a small community (compared) like Minot. It's clear that most dealerships are perfectly content with ******* over customers, as there will "always be another" to take their place.

It's been proven time after time when dealerships/service shops ruin customer cars and refuse repair or replacement (in the case of new cars) and it has to go all the way to corporate, etc. to even get anyone to talk to them like a human being.

**** dealerships. **** their [lack of] customer service. **** everything about them.

[celiboom]

Originally Posted by 6spd

Lets keep 1 star reviewing their FB page into smithereens!

done, also added a nice comment!

[ZHighlander]

I think one of the strongest points to be made here is the unaccounted 2 miles of driving while it was in the dealership's possession, and before any fixes were made. Is there some way to prove that?

The 2 mile drive could be countered/interpreted in multiple ways, like an un-approved joyride, or they can claim they needed to do some testing.

If they claimed they fixed it, and had to take it for a test drive, then the fire starts, they could potentially blame it on the mods.

If the drive was before the fix, then the case becomes stronger due to the fact that the dealership was aware of the risks at the time, and if they had chosen to "test" the car out while in that condition, then they are completely liable.

But even if they said they were taking it for a test, after the fix, and there is evidence to suggest there was still brake fluid around the compartment, and they didn't do a good job of cleaning it before testing, they're also liable.

I think some of those points will be things everyone will be looking at.

[JARblue]

Originally Posted by ZHighlander

If they claimed they fixed it, and had to take it for a test drive, then the fire starts, they could potentially blame it on the mods.

If the drive was before the fix, then the case becomes stronger due to the fact that the dealership was aware of the risks at the time, and if they had chosen to "test" the car out while in that condition, then they are completely liable.

But even if they said they were taking it for a test, after the fix, and there is evidence to suggest there was still brake fluid around the compartment, and they didn't do a good job of cleaning it before testing, they're also liable.

It shouldn't matter when the test drive was. The test drive was due to brake fluid igniting. If they drove it without fixing it, that's on them. If they fixed it and then drove it and it ignited anyway, they didn't fix it properly and its still on them. Its not like his mods spontaneously burst into flames. There was a brake line leak. It absolutely should have never caught fire; the fact that it did is on the dealership.

[sx moneypit]

Originally Posted by JARblue

It shouldn't matter when the test drive was. The test drive was due to brake fluid igniting. If they drove it without fixing it, that's on them. If they fixed it and then drove it and it ignited anyway, they didn't fix it properly and its still on them. Its not like his mods spontaneously burst into flames. There was a brake line leak. It absolutely should have never caught fire; the fact that it did is on the dealership.

[PhantaPhanta]

Just posted my review on their facebook page. Copied and pasted it for those who can't access facebook.

A buddy's 370 Nismo was under your guys possession. Parked at your service department and you guys drove it off having known that it was a fire hazard. The car caught fire and you guys are now not taking responsibility for it? This is disrespectful not only to your customer but to Nissan as well. Don't say "Welcome opportunity to discuss..." just admit it was your fault and give him what he deserves.
If you recall a while back, the car dealership F&R Auto Sales in Westport, Massachusetts made the mistake of disrespecting. Please don't be stupid and repeat their mistakes.

[ZHighlander]

Originally Posted by JARblue

It shouldn't matter when the test drive was. The test drive was due to brake fluid igniting. If they drove it without fixing it, that's on them. If they fixed it and then drove it and it ignited anyway, they didn't fix it properly and its still on them. Its not like his mods spontaneously burst into flames. There was a brake line leak. It absolutely should have never caught fire; the fact that it did is on the dealership.

So let me clarify. I'm not defending the dealership in any way, shape or form. I'm trying to gather more information to get a clearer understanding of the sequence of events.

Keep in mind that in legal territory, it's irrelevant what we "think" should or should not happen. It's what can be proven, and how strong the case is given the evidence, and what has to occur to obtain/present said evidence.

If it's clear that you can prove the car was driven a long distance before the fix, then that shows complete and utter disregard for the risks that have already been known. You have a very strong case.

If it's after the fix, and they "claim" they've taken all precautions, and cleaned up the compartment, and "claim" there's no reason for the fire to have started from their repairs, then they can start a fight and claim faulty parts from aftermarket parts.

You and I, and likely everyone else here probably knows there's little to no chance his engine is going to spontaneously combust from his mods... but do all lawyers know that? Do the claims adjusters know that? Will a Jury know that (not saying this will go so far). But people who have no idea how an engine or aftermarket part works, might believe someone who manipulates that information.

I'm not a lawyer, but my experience gives me some insight on the legal system, and you really have to explain things so a baby could understand, and not make any assumptions of what others know, in order to get an advantage in a case.

So in short, it would be easier to prove Dealership liability if they drove it before the repairs, rather than a more drawn out investigation after the repairs and them claiming faulty aftermarket parts. So yes, it can make a difference when the test drive was.

Not saying this should get serious enough to draw out in court... at least I really hope not cuz that can get ugly. I don't think Nissan would want to spend too much money to fight this. Really hope his insurance company can resolve everything. But providing all the necessary evidence to the insurance company, to prove they were reckless, can speed things up.

[DeliriousClam]

Originally Posted by ZHighlander

So let me clarify. I'm not defending the dealership in any way, shape or form. I'm trying to gather more information to get a clearer understanding of the sequence of events.

Keep in mind that in legal territory, it's irrelevant what we "think" should or should not happen. It's what can be proven, and how strong the case is given the evidence, and what has to occur to obtain/present said evidence.

If it's clear that you can prove the car was driven a long distance before the fix, then that shows complete and utter disregard for the risks that have already been known. You have a very strong case.

If it's after the fix, and they "claim" they've taken all precautions, and cleaned up the compartment, and "claim" there's no reason for the fire to have started from their repairs, then they can start a fight and claim faulty parts from aftermarket parts.

You and I, and likely everyone else here probably knows there's little to no chance his engine is going to spontaneously combust from his mods... but do all lawyers know that? Do the claims adjusters know that? Will a Jury know that (not saying this will go so far). But people who have no idea how an engine or aftermarket part works, might believe someone who manipulates that information.

I'm not a lawyer, but my experience gives me some insight on the legal system, and you really have to explain things so a baby could understand, and not make any assumptions of what others know, in order to get an advantage in a case.

So in short, it would be easier to prove Dealership liability if they drove it before the repairs, rather than a more drawn out investigation after the repairs and them claiming faulty aftermarket parts. So yes, it can make a difference when the test drive was.

Not saying this should get serious enough to draw out in court... at least I really hope not cuz that can get ugly. I don't think Nissan would want to spend too much money to fight this. Really hope his insurance company can resolve everything. But providing all the necessary evidence to the insurance company, to prove they were reckless, can speed things up.

they drove it two miles, knowing it was a fire hazard, then pulled it into the service bay where it caught fire on a lift

[ZHighlander]

Originally Posted by DeliriousClam

they drove it two miles, knowing it was a fire hazard, then pulled it into the service bay where it caught fire on a lift

Understood, thanks for the clarification. Is there enough tangible evidence to pass onto the insurance? This makes a very strong case, and I look forward to seeing the dealership eat it.

[cv129]

Originally Posted by DeliriousClam

they drove it two miles, knowing it was a fire hazard, then pulled it into the service bay where it caught fire on a lift

Techs probably didn't think much of the brake fluid, that a short drive wouldn't hurt....

Techs spend all day fixing Sentras and Altimas =
A Turbo 370z shows up =
Time for a drive around the block =