Leaving your car at an airport and leaving it at a dealer are two totally different things...not a very good comparison. I dont see how were not all on his side(Rock) and some of you guys are defending the dealer.I was already pi$$ed when I read the thread starter...Id be furious if that happened to me.martimus said:Whats almost comical about this thread is that too many people seem to think that the dealer is liable because an employee committed a crime. Most every service department I've ever set foot in takes little or no liability for customer vehicles or property left in them. Read the signs posted in many service departments...
If you park a car at the airport and its stolen is the airport liable for the loss? No... you are! If you park your car in an apartment complex's secure gated parking lot and its stolen, is the complex liable? No again... I'm not trying to defend the dealers but trying to look at this realistically. If you want reimbursement for wear and tear and mental anguish maybe you should try suing the guy who caused the damage in the first place!
From the dealers standpoint I'm betting that they see this as a customer trying to establish a dangerous precident. Think about it... from this point on customers could walk into the service managers office and accuse service tech's of putting unnecessary wear and tear on their car during test drives AND demand freebies from the dealership.
Aynway I suspect if this ever went to court a judge would throw it out since its nearly impossible to quantify. How do you prove, in a legal sense, that the lifespan of your clutch and brakes and tires are now significantly shorter?
martimus said:Whats almost comical about this thread is that too many people seem to think that the dealer is liable because an employee committed a crime. Most every service department I've ever set foot in takes little or no liability for customer vehicles or property left in them. Read the signs posted in many service departments...
If you park a car at the airport and its stolen is the airport liable for the loss? No... you are! If you park your car in an apartment complex's secure gated parking lot and its stolen, is the complex liable? No again... I'm not trying to defend the dealers but trying to look at this realistically. If you want reimbursement for wear and tear and mental anguish maybe you should try suing the guy who caused the damage in the first place!
From the dealers standpoint I'm betting that they see this as a customer trying to establish a dangerous precident. Think about it... from this point on customers could walk into the service managers office and accuse service tech's of putting unnecessary wear and tear on their car during test drives AND demand freebies from the dealership.
Aynway I suspect if this ever went to court a judge would throw it out since its nearly impossible to quantify. How do you prove, in a legal sense, that the lifespan of your clutch and brakes and tires are now significantly shorter?
martimus said:From the dealers standpoint I'm betting that they see this as a customer trying to establish a dangerous precident. Think about it... from this point on customers could walk into the service managers office and accuse service tech's of putting unnecessary wear and tear on their car during test drives AND demand freebies from the dealership.
OBleedingMe said:I honestly believe you are simply ignorant of the liabilities body shops and repair shops take on when they retain a vehicle for repair, especially if it an expensive vehicle require extraordinary care. If these shops did not have any liability for the vehicles in their possession, they would not purchase insurance to cover themselves in case something did happen. I have NEVER entered a shop that had a sign that said something to the effect of "if your car is damaged or stolen, not our problem!"
They are not liable for material possessions INSIDE your car, though. That's your job to remove valuables before handing the car over. But the car itself IS their responsibility.
It is not impossible to show abnormal stress on a clutch, brakes, or tires. The judge may not even require evidence. Once he hears that the man was doing 0 - 85 MPH spints all over town, he may exercise common sense and award the money based on the fact that the car was severely abused. Who knows what other damaged may have occured? He may have been power shifting and grinding gears the whole way. The victim may need his synchros/gear linkage replaced in a couple hundred miles.
If he goes to court, rest assured he will get punitive damages due to gross negligence. The dealership is the one who screens and hires their personel. It's their job to hire and choose responsible individuals to handle a customer's car. It's their job to store the vehicle and keys in a safe and secure place, especially when dealing with a car that requires extraordinary care. Being that the perpetrator drove the car at 1 AM, they obviously failed miserably at this.
cdemot02 said:The still unanswered question...What damages? Your tires I'm sure are not worn enough to tell, and one night of hard driving on the clutch isn't going to ruin it either. Plus they can rip it apart, and replace it under warranty if there is any. So until you have damages you have no case to sue. If you are worried about the clutch have them replace it under warranty, but they have been backordered. He didn't threaten with a lawyer. In this type of situation they must check with the lawyer to figure out what they are liable for, and that is perfectly understood. You came at him with large demands ($2k), and they must look at all options which includes talking to their lawyer.
I just reread your post. 60miles of driving...that's it. Have fun prooving damages.
OBleedingMe said:I honestly believe you are simply ignorant of the liabilities body shops and repair shops take on when they retain a vehicle for repair, especially if it an expensive vehicle require extraordinary care. If these shops did not have any liability for the vehicles in their possession, they would not purchase insurance to cover themselves in case something did happen. I have NEVER entered a shop that had a sign that said something to the effect of "if your car is damaged or stolen, not our problem!"
They are not liable for material possessions INSIDE your car, though. That's your job to remove valuables before handing the car over. But the car itself IS their responsibility.
It is not impossible to show abnormal stress on a clutch, brakes, or tires. The judge may not even require evidence. Once he hears that the man was doing 0 - 85 MPH spints all over town, he may exercise common sense and award the money based on the fact that the car was severely abused. Who knows what other damaged may have occured? He may have been power shifting and grinding gears the whole way. The victim may need his synchros/gear linkage replaced in a couple hundred miles.
If he goes to court, rest assured he will get punitive damages due to gross negligence. The dealership is the one who screens and hires their personel. It's their job to hire and choose responsible individuals to handle a customer's car. It's their job to store the vehicle and keys in a safe and secure place, especially when dealing with a car that requires extraordinary care. Being that the perpetrator drove the car at 1 AM, they obviously failed miserably at this.
martimus said:Maybe so... but then again maybe not. The only real test is to take the dealership to court. And I sadly doubt that the court will see things exactly as you do since they'll wait to hear ALL of the evidence rather than just one individuals perception. But I gotta say its funny too see how you'all seem to take your agressions out on the dealers and blow off the thought of getting compensation from the individual... kind of following the pack mentality that the dealership can better afford to compensate you so they're a more likely target.
martimus said:But I gotta say its funny too see how you'all seem to take your agressions out on the dealers and blow off the thought of getting compensation from the individual... kind of following the pack mentality that the dealership can better afford to compensate you so they're a more likely target.
05SatinSilver said:Gee, I wonder why Frank Weir went after FORD, for the 'My Color issue? After all, Ford didn't make it, Delphia did! Maybe because he left the car with THE DEALER, and not with A$$ HOLE EMPLOYEE! Man, with your way of thinking, I guess I'm glad I'm "following the (other) pack"
Dave...
Mike Wyatt said:Ask yourself: Why did the service manager fess up? Honesty? No. So he could offer you a pittance of a settlement, have you buy off, and then relieve himself of what he must see as a significant liability- you would have accepted the settlement, right?
Also- I would bet $$ that the service managers BOSS or the dealership owner were NOT told about this- and that the service manager is trying to hide what happened on his watch, with his employee, with some free service he can cover. You need to be talking with the owner- not an employee.
The facts:
1. It's a public record that the employee had the car after hours- therefore the dealer is liable for not maintaining reasonable control over a customer's car.
2. Ditto on the public record, the car was "abused" (speeding could be considered by definition "abuse" to the law- 80 MPH is "dangerous" otherwise why have the speed limit?)
3. The ONLY reason the car was taken was BECAUSE they had your keys. They are liable. They hired this bozo and are responsible for his actions. And they know it.
4. You have no way of determining what if any damage or wear was caused during that 60 miles. Inspect all you want, there is no way to measure it. You generously offered to allow for an extended warranty as your guarantee.
Any court would be 100% in your favor.
I would talk with the owner, and generously offer to pay them a reasonable per mile charge for the miles YOU put on the car ($ .20?). Then, they give you a NEW GT as a replacement.
Sounds ridiculous? It won't to a court of law, and their lawyer will tell them so. To them- they will know they can sell your car for near as much as they could have sold the replacement.
But only the dealership OWNER will see this for what it is- a clear case of negligence with some BIG ramifications- the media, the courts, the works.
cdemot02 said:The still unanswered question...What damages? Your tires I'm sure are not worn enough to tell, and one night of hard driving on the clutch isn't going to ruin it either. Plus they can rip it apart, and replace it under warranty if there is any. So until you have damages you have no case to sue. If you are worried about the clutch have them replace it under warranty, but they have been backordered. He didn't threaten with a lawyer. In this type of situation they must check with the lawyer to figure out what they are liable for, and that is perfectly understood. You came at him with large demands ($2k), and they must look at all options which includes talking to their lawyer.
I just reread your post. 60miles of driving...that's it. Have fun prooving damages.
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