One of our forum members getting screwed over by a dealership

[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 =

[cofo11]

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.

The problem the dealership has here, if this were to go to court, is that, due to the breadth of this forum, any number of experts can be deposed, it costs them nothing but time, by video and presented countering the claims of turbos cause fires.

You didn't know this when you posted but the comment of (paraphrased) "lots have caught fire and we've won every one" shows a pattern of negligence. I don't envy this dealership if they try to fight. Making it right would be far cheaper.

I'm sure this has caused the owner great emotional anguish, sleepless nights, poor job performance, anxiety and any other issues he wishes to claim. They don't want this to go to court.

Sent from my SAMSUNG-SM-N915A using Tapatalk

[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.

[Isamu]

Ok guys. Here is the skinny. The car was parked at the dealership at 0940. At 1000 I took a pic of my milage, which was 6029. 3-4 hours later the fire happened. They called me, but I missed the call as I was asleep. I called them back at around 1520. No answer. I called again around 1630. Finally at 1729 I received a call back and was told my car had caught fire. The service manager didn't have any details as to what happened other than there was a fire and he told me to call my insurance. I asked If they were going to fix it and he responded with, I don't think so, but the people who make that decision were gone for the day so I should call back the following day. I called my insurance immediately after the call from the dealership. The following day it three hours after my initial call for the service manager to get back to me.
Once he had called me back, the conversation went south. I asked if they were going to fix it
He said no. They aren't responsible because I signed a waiver. I replied with what waiver, as I don't recall ever being briefed on a waiver. He explained that the waiver protects them from theft or fire damage. I said, no sir that is not how this works, and he got hostile towards me. I told him i was going to call nissan corporate. He responded with, "I don't care, call the president."

[ZHighlander]

Originally Posted by Isamu

Ok guys. Here is the skinny. The car was parked at the dealership at 0940. At 1000 I took a pic of my milage, which was 6029. 3-4 hours later the fire happened. They called me, but I missed the call as I was asleep. I called them back at around 1520. No answer. I called again around 1630. Finally at 1729 I received a call back and was told my car had caught fire. The service manager didn't have any details as to what happened other than there was a fire and he told me to call my insurance. I asked If they were going to fix it and he responded with, I don't think so, but the people who make that decision were gone for the day so I should call back the following day. I called my insurance immediately after the call from the dealership. The following day it three hours after my initial call for the service manager to get back to me.
Once he had called me back, the conversation went south. I asked if they were going to fix it
He said no. They aren't responsible because I signed a waiver. I replied with what waiver, as I don't recall ever being briefed on a waiver. He explained that the waiver protects them from theft or fire damage. I said, no sir that is not how this works, and he got hostile towards me. I told him i was going to call nissan corporate. He responded with, "I don't care, call the president."

I think you should totally paste this in their FB review section. It's apparent someone actually reads that and has replied to a few people who have added comments on your behalf.

At the very least, it opens up questions about their "waiver", and how inconsiderate you're treated, especially serving the military. This should be broadcasted on Yelp and other Social media too, imo.

[DeliriousClam]

Originally Posted by ZHighlander

I think you should totally paste this in their FB review section. It's apparent someone actually reads that and has replied to a few people who have added comments on your behalf.

At the very least, it opens up questions about their "waiver", and how inconsiderate you're treated, especially serving the military. This should be broadcasted on Yelp and other Social media too, imo.

I've written to Yahoo News, Jalopnik, and a CBS affiliate in Minot

[Trips]

Originally Posted by Isamu

Ok guys. Here is the skinny. The car was parked at the dealership at 0940. At 1000 I took a pic of my milage, which was 6029. 3-4 hours later the fire happened. They called me, but I missed the call as I was asleep. I called them back at around 1520. No answer. I called again around 1630. Finally at 1729 I received a call back and was told my car had caught fire. The service manager didn't have any details as to what happened other than there was a fire and he told me to call my insurance. I asked If they were going to fix it and he responded with, I don't think so, but the people who make that decision were gone for the day so I should call back the following day. I called my insurance immediately after the call from the dealership. The following day it three hours after my initial call for the service manager to get back to me.
Once he had called me back, the conversation went south. I asked if they were going to fix it
He said no. They aren't responsible because I signed a waiver. I replied with what waiver, as I don't recall ever being briefed on a waiver. He explained that the waiver protects them from theft or fire damage. I said, no sir that is not how this works, and he got hostile towards me. I told him i was going to call nissan corporate. He responded with, "I don't care, call the president."

Wow!!

Sorry to hear about your problems

As for the waiver? That's to cover them for the damage caused by the acts of GOD or something totally out of their control.

Total Bush!t. imo

That doesn't relieve them of being sheer incompetent or negligence.

At this point go thru your ins. and have them go after the dealer.

Hope it all get sorted out so your back on the road asap.

[birdman71]

Isamu, the lack of respect and customer service has me dumbfounded. Yeah, the dealership is the only one around pretty much, but it does not excuse the fact of their negligence to the situation. Letting the Insurance company handle this one will be your best option, I don't only say that because I work in the insurance industry. I do not know how the insurance works in Guam, but I do hope that you get a settlement worth the car, mods, and labor plus damages and grievances. I know here in the States, that would be more of a long shot having your insurance company cover mods, unless they have a specific additional coverage. California specifically we don't have mod coverage. It is up to the insurance companys' discretion to pay out on mods and most require receipts for parts, receipts for installation labor and you have to provide the businesses information to the claims department. If you don't have one of the receipt piles or if you business is closed now, you're usually screwed from the beginning. But I digress.

As for this dealership, they do not understand the power that this forum has when we come together to fight for something. I have seen multiple reviews between Isamu's car reviews asking if this is the dealership that set someone's car on fire and is causing many issues. It is already taking effect and I believe with the CBS affiliate and Yahoo news possibly doing stories and local news being contacted for stories as well is good step in the right direction.

If this dealership does not want to pay out the easy $50k it would cost to pay you off, you and your insurance company will make them pay out as much as possible anyhow and we will all help destroy the dealerships reputation. This is UNACCEPTABLE.

I will be posting my review shortly.

[Isamu]

I said excuse me? "Do I need to lawyer up?". The service manager then tells me, I've been in the business 20+ years and seen plenty of engine fires and we've one every case. After that, I said ok. and hung up. I went back to the dealership to pick up a copy of the waiver. I recorded my conversation.. in which they had zero information as to how it happened. Essentially they said it was spontaneous combustion
The following few days were mostly phone stuff with my insurance. My insurance wanted to move the car to another repair facility so we had a conference call with the dealership. During this call I learned that they hadn't just moved the car and then it caught on fire. But theyou had gotten it up on a lift and had looked at it. No repairs were made.

[VABAM]

Maybe when he said that the won every case he actually meant that the case was settled out of court.

[Isamu]

I just want to say thank you to all of you.. your support, and words of advice and condolences mean a great deal to me.

[DeliriousClam]

Originally Posted by Isamu

I just want to say thank you to all of you.. your support, and words of advice and condolences mean a great deal to me.

*brohug*

[nomodsjk]

Thats completely ****** up

[VABAM]

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Sorry couldn't resist Tim!