Dealership totaled my corvette!
01-29-2019, 03:26 PM
#201
Safety Car
01-29-2019, 04:21 PM
#202
Melting Slicks
They have a valid reason as well, your car has a clutch safety switch malfunction, and as far as they know its intentional. And since you have blackout covers, it's not hard for them to paint a picture of making mods with willful negligence to safety. Theyve got a story that makes sense for what happened, and it puts them in a very believable position and makes it seem like something they'd have no reason to expect should happen.
But all that is irrelevant. At this point all you can do is turn it in to your insurance and tell them what you know. If you're lucky, theyll find that it's the shops fault and recover your deductible, but that's unlikely.
But all that is irrelevant. At this point all you can do is turn it in to your insurance and tell them what you know. If you're lucky, theyll find that it's the shops fault and recover your deductible, but that's unlikely.
However, I will point out there was another thread here recently that the dealer wrecked a Vette (or maybe it was a Camaro, can't remember specifically) where the owner's insurance refused to touch it beyond offering legal support. It was in the dealers care, it was their insurance that was on the hook for the payout.
01-29-2019, 04:49 PM
#203
I can also make a pretty good case that the mechanic was disregarding safety procedures even in their version of the story, and use that to bolster an atmosphere of risk taking that finally screwed them over. You can never assume a car in a shop is in perfect functional order, doing something like half hanging in the car when hitting the starter assuming it won't start should have OSHA chomping to get in and inspect the place.
However, I will point out there was another thread here recently that the dealer wrecked a Vette (or maybe it was a Camaro, can't remember specifically) where the owner's insurance refused to touch it beyond offering legal support. It was in the dealers care, it was their insurance that was on the hook for the payout.
However, I will point out there was another thread here recently that the dealer wrecked a Vette (or maybe it was a Camaro, can't remember specifically) where the owner's insurance refused to touch it beyond offering legal support. It was in the dealers care, it was their insurance that was on the hook for the payout.
01-29-2019, 04:55 PM
#204
Race Director
This is going to be hard for the dealer to deny. First off they would have to prove the OP disabled or new the safety switch was disabled. Even then, if the tech would have followed proper procedure when parking (set parking brake) and starting ( sitting in driver seat with feet on clutch and brake) this would never have happened.
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Mid-Years Forever! (03-01-2019)
01-29-2019, 04:56 PM
#205
There was a thread a few years back in the mustang forum about a guy who installed an aftermarket remote starter in his 6sp manual car. The remote was synced with the panic button so when the tech went out to the lot to find the car, he hit the panic button to help him locate it, and the car started up (in reverse) and made its way to the bottom of a lake behind the dealership. Last I heard the dealership was not found liable at all. Now, providing there was no similar modification done to this car, this should be a simple insurance claim. Seems like regardless of what the dealership says, it's a battle to be fought by the two insurance companies.
01-29-2019, 04:57 PM
#206
Race Director
This is going to be hard for the dealer to deny. First off they would have to prove the OP disabled or new the safety switch was disabled. Even then, if the tech would have followed proper procedure when parking (set parking brake) and starting ( sitting in driver seat with feet on clutch and brake) this would never have happened.
01-29-2019, 05:06 PM
#207
The dealership doesnt have to prove anything. The vehicle was modified/malfunctioning in an unsafe way. Theres no requirement to set a parking brake, especially with the car in gear. And they weren't trying to START the car, just turn it on. Due to the modification/malfunction, the car started. The idea that one should have to be fully inside the car to turn the electronics on is silly.
Last edited by R&L's C6; 01-29-2019 at 05:06 PM.
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Mid-Years Forever! (03-01-2019)
01-29-2019, 05:21 PM
#209
Race Director
How would anyone with a manual know if that mechanism is working? It never even crossed my mind to try that on mine. I would get in, push the clutch in and start it. Why would someone try to start their car in gear without the clutch pressed in? It is entirely possible someone would have no idea that it's broken or modified.
The following users liked this post:
Mid-Years Forever! (03-01-2019)
01-29-2019, 05:28 PM
#210
01-29-2019, 05:59 PM
#211
The following 2 users liked this post by R&L's C6:
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Mid-Years Forever! (03-01-2019)
01-29-2019, 06:20 PM
#213
We have not discussed weather or not a Dealer has to be a Crook before he can be a Dealer. kinda like the Lawyer before Judge.
What do you call 1000 dealers at the bottom of the Sea?
A Good Start - no pun intended.
What do you call 1000 dealers at the bottom of the Sea?
A Good Start - no pun intended.
01-29-2019, 06:55 PM
#214
Race Director
The dealership doesnt have to prove anything. The vehicle was modified/malfunctioning in an unsafe way. Theres no requirement to set a parking brake, especially with the car in gear. And they weren't trying to START the car, just turn it on. Due to the modification/malfunction, the car started. The idea that one should have to be fully inside the car to turn the electronics on is silly.
If I missed that I don't remeber seeing it lol...
Last edited by hawkgfr; 01-29-2019 at 06:57 PM.
01-29-2019, 07:01 PM
#216
01-29-2019, 07:09 PM
#218
Race Director
How would anyone with a manual know if that mechanism is working? It never even crossed my mind to try that on mine. I would get in, push the clutch in and start it. Why would someone try to start their car in gear without the clutch pressed in? It is entirely possible someone would have no idea that it's broken or modified.
Like I said earlier, this is a turn it in to the insurance company and let them handle it. It's a claim on your comprehensive policy.
01-29-2019, 07:15 PM
#219
However, I will point out there was another thread here recently that the dealer wrecked a Vette (or maybe it was a Camaro, can't remember specifically) where the owner's insurance refused to touch it beyond offering legal support. It was in the dealers care, it was their insurance that was on the hook for the payout.
01-29-2019, 07:16 PM
#220
They wouldn't. That's the point. They would make an assumption it works as intended, just like the owner did. It not working removes the dealership from liability for the accident. It's basically a no fault accident, where the dealer pays to fix their door, and the owner pays to fix the car.
Like I said earlier, this is a turn it in to the insurance company and let them handle it. It's a claim on your comprehensive policy.
Like I said earlier, this is a turn it in to the insurance company and let them handle it. It's a claim on your comprehensive policy.