yell03

That sucks!

I know you were perfectly happy with your car and really don't want a new one, but I am sure you will get a new one after you contact a lawyer.

I know what would bother me is the time missed driving my Corvette

Good luck and keep us posted.

Howard

Matt O

I agree, work with your insurance company before getting a lawyer. Your insurance company will go after the dealer and driver for the cost of repairs and rental car, etc. Have the car repaired to your satisfaction and when you get your car back you can then look at any other damages associated with the incident. At that time a visit with a lawyer would identify what the possibilities for any compensation would be. You don't want to be paying for legal that your insurance company would cover. Thats my $.02!

vets4us

suing is about your only option, check your states laws, most states you can recover court costs and filing fees, but UNABLE TO COLLECT ON ATTORNYES FEES. $5,000 sounds high for a retainer on an open and shut case. also contact your lein holder for a suspension in payments, as they have a mutual stake in the car.

Snagle

Talk to the owner or manager of the dealer. Tell him/her in no uncertain terms that you want the vehicle replaced, not repaired. Make it clear why you think this is the only fair resolution. If the dealer does not comply, sue them. The cost of a lawyer should be recoverable in the suit; even if you only get a new car and not lawyer fees, you will come out ahead compared to diminished value of a repaired car. I wish you the best...let us know how this gets resolved.

Presidente

i've seen this happen before with a buddy of mine. he ended up getting a brand new car out of it. let me know if you need help solving your problem and i'll ask him to help you out. it takes alot of work but you get a new car out of it if the dealer feels it hasnt got the upper hand anymore

first step i remember was to file a police report

EuroRod

I'm assuming you're insured? Tell your company what you feel is fair, and let them fight it out with the dealer. I had a similar issue with a boat. The marina had the boat out of the water for a repair and when they relaunched it and put it in it's slip, it sank within 24 hours. It was discovered that the mechanic was not trained and was going by verbal instructions from the head mechanic. Parts were installed improperly, resulting in the boat sinking. I told my insurance company that I was not having a 2 year old, $200k boat that had been sunk. I got a check for the total cost of the boat from my insurance company, and never heard another word. Good luck.

Wayne O

While an insurance company won't be liable under any contractual obligation to pay for diminished value, that doesn't necessarily mean the individual and/or the Company he was working-for wouldn't be. Definitely hire the best counsel you can.

Was there anything written on the service order specifying the car was not to be driven off the premises?

I'm sorry for your situation....I know how I would feel. Many people suffer far worse tragedies so try to take it 'in-stride.' Enjoy the holiday and then have your attorney commence litigation with a vengeance. You might be surprised at their willingness to settle once it's apparent it will cost them more to litigate the matter.

LTC Z06

Don't let a scum bag ruin your xmas, it's just a car.

slomarsh

Very sorry to hear about your car. Luckily you were not involved or injured. Try contacting the Chevrolet or GM regional manager or district manager and tell that person what happened and what the dealer has offered. Tell them you expect a replacement car, not a hastily repaired one of diminsihed value. They can put pressure on the dealership.
Otherwise, if you have a major insurer they might do all this for you.
If not, a lawyer may be in order. That is, if they are willing to collect damages (above the car replacement) enough to pay their legal fees.
Keep us posted. This dealer is just not right.

ask1ed

Yeah, I need help. The dealer is going to win if I don't get help.

johnodrake

If it were me, I would seek the advice of my insurance company. They may say that they will represent you or they may say that you would be better served by retaining your own counsel. Consulting them first would be cost free.

I wouldn't accept less than a new car....

All the reports of joy riding is getting me thinking of creating an addendum to the service order specifying in writing what is and what is not to be done, like test drives are not to be done with out me in the car...

MikeyTX

Same thread, running on several forums at the same time.

AORoads

I realize OP is upset, and possibly justifiably so. However, this is his first post, he just joined and the first things out of his quiver are the dealership wrecked my car, I don't have the money for a lawyer, there were drugs in the car, no words on his own insurance company, etc.

And btw when you take a car in for service there's an implied (and you also sign the work order) right to test drive the car by person(s) at the facility. Maybe not everyone, and maybe not this person, but service people.

Sorry, it all sounds a bit too improbable to me. Very few people buy a $45K+ car in Marin County, just north of San Francisco without some personal sophistication, knowledge and ability.

On the chance that OP is legit, do as the above posters said and get a very good lawyer. You, personally, have no leverage with the dealership, nor have you exhausted your opportunities with Chevrolet district and regional. If you choose not to pursue the avenues available to you, no one here can really help you until you do for yourself. They can recommend and suggest and possibly even refer you to a good lawyer, but the rest is up to you.

CHASLS2

Never had any warranty work done on my Vette, or any other of the 8 cars- trucks i'v owned in the last 1.5 years. One time i had some warranty work done on my 03 Ford Ligtning for the AC, had to go back 3times to get it done rite.

Chas

jschindler

I can't say I have anything to add to what has been said already, but I will add the advice about contacting an attorney. You should be able to get one to at least give you sound advice for a minimal consultation fee.

I would also contact the BBB, and local TV stations - they seem to love doing exposes on car dealers. It can't hurt to try all of these avenues and it will let the dealer know you are serious.

ask1ed

This is legit, and you can call the dealer yourself. San Rafael chevrolet, (415) 460-2000 My name is geoff williams, and ask Greg James, the owner of the dealership, if they wrecked my car on 12/20/06. Yeah, I do have insurance, and they are handling it and will subrogate. But the dealer refuses to pay for a new car or the loss in value. A lawyer here will cost $5k, the same amount of the loss in value even if fixed. So we get screwed either way.

Whiterock1

Call your insurance company first thing. You have a legal obligation to your lien holder to do this. They will subrogate your claim and you will ultimately pay nothing, if it is as it appears. They will get your deductible back for you from the Dealer's insurance. After they are handling it, go to the Dealer and ask what they're going to do to make things right. Let them know you will be talking to the media, CA Automobile Dealers Assn or whatever the f(*( it's called in the People's Republic and Better Business Bureau. They should be more than willing to make you happy. Tell the cops about the drugs, if you haven't already. That's a good case for DUI--drugs count--even prescription ones. I'm sorry for you troubles, but you should come out fine if you use your head and the available resources to you.

0Killrwheels@Autogeek

In most states once you have won your case, you can also include all costs involved in the litigation and attorney fee's. Your loss would be if the dealer settled with attorney outside of court for replacement only.

I would draft a letter to BBB, Consumer Protection Agency, and GM and forward copies to the dealer directly demanding arbitration or mediation before getting an attorney. I would also look to any of those TV News Help Sections "Shame on You " or " Help me Howard" kinda deals. Play fair, be honest, but show firmness and true feelings in replacement. I would also hire, at my cost, and outside valuator or appraiser to truly record the damage, price of repair, and suggest of Diminished Value. Good luck .....

------------------------------------------------------
Looks Like the Service Manager is a start, cannot find the GM's address
lucian.freire@sanrafaelchevrolet.com

ask1ed

The insurance company will only fix the car. The lien holder is the credit union, who will not care, only hold us to the loan. The ca auto assn is a good idea, thanks. I don't post much, but this forum was the deciding factor in my purchasing a vette. All the great posts and pics.

AFVETTE

I'm saddened to read this thread, not only was it unnecessary but the dealers response is criminal. You have an "open and shut" case. I'd contact an attorney and let them handle the claim. Any competent lawyer will make this dealer see the error in their ways and compensate you accordingly.

Please take the appropriate legal action and let us know how it turns out.

Tom