One of our forum members getting screwed over by a dealership

[Desert Rat]

I'll be the killjoy on this.

Your insurance company is covering the car. That's good. It's on them to go after the dealership. If you go after them separately, you may want to inform your insurance company of your intent.

If you find a lawyer to take the case, chances are any additional cash awards you get are going to be largely eaten up by their fees.

The smear campaign on that dealership is in full swing, and rightfully so. They had no business taking a known fire hazard out on the road.

But you should ask yourself if you have the resolve and the resources to see this through? Remember that the dealership can afford good attorneys and I'm sure they already have them on retainer.

It's not a fair system and the little guy almost always loses out. A diminished value award is something your insurance company should be able to pursue - talk to your agent.

Best of luck and thanks for your military service.

[Isamu]

Originally Posted by Desert Rat

I'll be the killjoy on this.

Your insurance company is covering the car. That's good. It's on them to go after the dealership. If you go after them separately, you may want to inform your insurance company of your intent.

If you find a lawyer to take the case, chances are any additional cash awards you get are going to be largely eaten up by their fees.

The smear campaign on that dealership is in full swing, and rightfully so. They had no business taking a known fire hazard out on the road.

But you should ask yourself if you have the resolve and the resources to see this through? Remember that the dealership can afford good attorneys and I'm sure they already have them on retainer.

It's not a fair system and the little guy almost always loses out. A diminished value award is something your insurance company should be able to pursue - talk to your agent.

Best of luck and thanks for your military service.

I have thought over all of these points. That is also why the lawyer from MN didn't want to take the case. They didn't want to eat up my gains in fees. The JAG here on base would love to take the case, but they can't two fold. 1) he isn't barred in ND, and 2) its a civilian case. I have a very solid case. and if I can get these letters, ill be even more solid. Small claims in ND is 15k, so I might just have to do that. It's much more than getting made whole, even tho I want to be made whole. It's about making sure these guys know they can't push people around.

[Darwins Child]

Originally Posted by Isamu

I have thought over all of these points. That is also why the lawyer from MN didn't want to take the case. They didn't want to eat up my gains in fees. The JAG here on base would love to take the case, but they can't two fold. 1) he isn't barred in ND, and 2) its a civilian case. I have a very solid case. and if I can get these letters, ill be even more solid. Small claims in ND is 15k, so I might just have to do that. It's much more than getting made whole, even tho I want to be made whole. It's about making sure these guys know they can't push people around.

Two things.

First, although I've read some of the posts in this thread, I haven't stumbled on the exact details of your vehicle such as year, miles, etc. Of course those details will be necessary for anyone to determine what the vehicle's market value was before the dealership set it on fire and how much it might be worth now with the amount of money that will have to be sunk into it to get it back to mint condition, assuming that that can be done, which, considering that it was not involved in a collision, but only a fire and a dousing with dry chemical from an extinguisher, it should. After all, there's nothing wrong with the engine, etc., correct? The vehicle hasn't been "totaled", has it? If not, do you know what the estimated cost of repair is? Did the dealership hand you an estimated cost of repair with parts and labor included? Do you own the vehicle outright, or are you still making payments? If the latter, how much have you sunk into the vehicle so far and how much more have you got to go? Are you a competent DIYr? If you are, your sweat equity alone may allow you to get the vehicle back to like-new with not that much of your settlement spent. All of this information will be helpful for anyone advising you how to proceed most economically.

Second, I haven't had a chance to check myself, but you should read the shop manual's repair / troubleshooting procedure for a brake line leak or master cylinder reservoir fluid level that keeps dropping or requires constant re-filling. See if there's anything in there that recommends taking the vehicle for a "test" (joy) ride.

[Isamu]

Originally Posted by Darwins Child

Two things.

First, although I've read some of the posts in this thread, I haven't stumbled on the exact details of your vehicle such as year, miles, etc. Of course those details will be necessary for anyone to determine what the vehicle's market value was before the dealership set it on fire and how much it might be worth now with the amount of money that will have to be sunk into it to get it back to mint condition, assuming that that can be done, which, considering that it was not involved in a collision, but only a fire and a dousing with dry chemical from an extinguisher, it should. After all, there's nothing wrong with the engine, etc., correct? The vehicle hasn't been "totaled", has it? If not, do you know what the estimated cost of repair is? Did the dealership hand you an estimated cost of repair with parts and labor included? Do you own the vehicle outright, or are you still making payments? If the latter, how much have you sunk into the vehicle so far and how much more have you got to go? Are you a competent DIYr? If you are, your sweat equity alone may allow you to get the vehicle back to like-new with not that much of your settlement spent. All of this information will be helpful for anyone advising you how to proceed most economically. .

2010 with 6029 miles on it when I dropped it off. 11k in damages, and most of that comes from the two harnesses that were damaged in the fire. My insurance is covering the costs as of now, and will be going after the dealerships insurance. It's really a no brainer. you don't drive a car at highway speeds to test for brake failure.

Originally Posted by Darwins Child

Second, I haven't had a chance to check myself, but you should read the shop manual's repair / troubleshooting procedure for a brake line leak or master cylinder reservoir fluid level that keeps dropping or requires constant re-filling. See if there's anything in there that recommends taking the vehicle for a "test" (joy) ride.

This is a brilliant idea. I need to see if I can find my FSM. I am at work now, and I don't think our network will allow me to D/L the manual here.