My thought is this;:toetap:
The visable damge can be repaired but who knows, what has this person done to the cars other componnents? IE: engine, suspension electronics all of that may be damaged but has not developed into a problem.All of this could be an un forseen breakdown in the future because of the actions of the employee's driving.:smash:
Get the help to sue for a new vechicle and then no worries!:nono: Do not settle for a repair, Ask yourself do I let my best friends drive my Vette?

HEY MR DEALER ! IF YOU DO READ THIS POST YOU SHOULD SETTLE WITH A NEW VETTE TODAY!!

There is an implied right to test drive for a bad antenna and a jammed trunk?

In principle, you're absolutely correct. Unfortunately the ensuing law suit wont recognize the verbal statement from the owner saying that the car is "not to be driven". The only way that can be proved is if there was a witness to the statement. (If there is, its a new ballgame). The dealer IS obligated to make the victim whole which means he must repair the car to the "before" condition. What potential damage the driver may have done, if it cant be proved, goes nowhere. Cant sue on speculation. Diminished value is a very real thing but again, it becomes a speculation. As I see it, the only way the owner could be compensated for that in the suit would be to actualy realize the damage. In other words, trade the car and get a statement from the purchaser saying 'I only paid "x" because of the accident. Had that not occurred, I would have paid "y"'. That serves as realized damages and is compensable. Certainly not a recommendation but it is an option.

There may be another viable option. Obviously any public oriented business hates bad press. Generally, most cities have TV stations which have some type of "consumer reporter" thing where they do a story and try to get a live interview with the "bad guy" thereby exposing just how bad, in this case the dealership, is. Then its not just a vette thing but the principles of the dealership being revealed. THAT can indeed put them out of business.

Hey dealer - the heat is going up!!!

Well, if it were I... drugs, wipe-out, passing on shoulder... there is more than enough weight on the dealer being a lying sumbag to lend credence to just about anything you want to sue him for. In other words, could you convince a jury? Remember, this is America. IF you really want to sue. A better combination action might be to have your insurance handle it, and try to find a way to go nuclear in the press etc. I once went nuclear on Wolkswagen America when the dealer lied and sold my aging father a car without anti-lock brakes (after he had even paid for that option). VWs first reaction was "Dealer issue, not our problem." But then someone at VW decided the dealer had just gone too far -- called me back and said "what color would your dad like his new car to be?" Maybe GM can be brought into the game after all. Try, try again...

Did I miss the post where the dealer lied?

There is a way to settle that issue right now. The dealer could give him NADA trade value and sell him a new one at invoice. The dealer should actually make money on both ends of the deal and take away any future risk of diminished value.

My point is he shouldn't have to guess. All things being equal his car is worth less money because of it being smashed. I've sold plenty of cars and usually one of the first questions asked is has it been in an accident. Most people I've sold to do check Car Fax now. It's cheap and another way to insure the seller is honest. With a little due diligence he can find out pretty close what his car is worth after it's been repaired. Have the dealer that smashed it give him a trade in price and compare to other dealers. There is no way most vette buyers aren't going to want a substantial price reduction on a used vette that's been smashed. There are many people that simply won’t buy a car that's been wrecked. A vette is a specialty car and now his market is further reduced by the wreck. That's very easy to prove in court with an expert witness. The dealer can make this all go away if he just plays fair. If not then cya in court would be my attitude. I simply would not be prepared to take a financial hit because of something a dealership had caused. Frankly I wouldn’t want my car back period if it was smashed the way that one is…..

This would certainly seem to be both the easiest and the most equitable solution for everyone. But, it's a tough call all around. The owner solidifies the loss (from what he paid new) upon the trade and then also takes a hit when he drives the new car off the lot even buying it at invoice. However, being realistic, the loss on the car exists now through diminished value, albeit unrealized. Thats only going to be mitigated somewhat if the car is repaired and held onto for several years. There will always be a diminshed value quotiant but it will reduce over time, comparitively speaking. Frankly, shy of an aggressive lawsuit and a way to incorporate the diminished value component, I just dont see how the owner comes out whole. The only good solution I come up with is to make the dealers situation one that loses far more money than it would cost to make this owner happy. That means getting the press involved - in as big a way as is possible. Losing business, especially alot of it, can be a major motivator. Good luck however this goes...

No way.

The proper thing to do is give the guy a new car. The dealer has insurance for this.

People will speak of a negative experience 10x over but will rarely speak of a positive one.

Its just good business sense for the dealer to do the right thing. After all, he told them not to drive the car.

Morally, you're absolutely right. Legally however, all the dealer is required to do is make the owner whole - put the car back into the technical condition it was before the accident. This dealer sounds like one who isnt at all interested in good business sense.

DAMN! Sorry to hear 'bout everything.

The stealer needs to make things right and give you a new 2006 or 2007. HE/THEY can then try to sell the damaged 2005 for what they can get for it at auction or whatever.

In any case, talk a lot with the insurance company about how to deal with these yahoos. As mentioned earlier, investing a few hundred dollars in a certified letter, advice, etc. from a lawyer may also help and reduce your stress level.

If not, curcify their azz's in the press, with GM, the BBB, etc. Ask one of those consumer protection things the TV stations like to do to do a segment on your situation.

Good luck with it all! Hope you have a better 2007 than end of 2006!

They replaced the car as promised.

Exactly.

He's reading all these posts.

His lawyer wouldn't be laughing if he seriously thought you'd take him to court. HE DOES NOT WANT THIS TO GO TO COURT. I worked in a courthouse a long time, and these cases almost never go well for the dealer - even in cases not as clear cut as yours. This lawyer main job is to keep the dealer out of court. Remember that.

They replaced the car as promised.

You been a member since 2000? That's a chunk of time. I love catbert. He's evil.

The owner of this dealership and his/her legal staff are not thinking in their best business interests at this moment in time.

This post will go on for years just like the 4-post lift collapse from 2002. See http://forums.corvetteforum.com/show...=lift+collapse

Never under-estimate the power of the internet as this thread will probably be read by 10,000 enthusiasts by March. The negative publicity for San Rafael Chevrolet will far outweigh the cost of a new Z06 in my opinion. Think about it, typing in San Rafael Chevrolet into Google within a few months will probably bring this thread to the top five results. Overall, a PR nightmare is about to unfold before their eyes.

As someone who makes working on the internet for a living, mark my words - San Rafael Chevrolet will be hearing about this case for years to come even if they give you what you want today. Currently, there are over 98,000 Corvette Forum links alone cached within Google. This one will be picked up within the next few days (Merry Christmas Threads for 2006 have already been picked up so the site is getting crawled daily) and I bet it starts working its way to the top in terms of relevance (ie "San Rafael Chevrolet Corvette") right away.

I am sorry to hear about your case. It just plain sucks and should have never happened.

They should fess up and fix it or replace it...Lets go there and RIOT!!!

Put a big sign on your car and park it in front of the dealership. See what that stirs.

"I brought my car in for an oil change and this is what their technician did to my car on a joy ride"