QuestionMy mom (who lives in another city) was at her Lexus dealer working on the purchase of a new car. She is very familiar with this dealer as she goes to them every 6 months for service check ups with her current Lexus. She has been a good Lexus customer for the last 15+ years.
While they were working out the package she asked them to look at her pristine condition current car to make sure there was nothing wrong with it because she is going to give it to my brother as a gift. After review, they returned and informed her that it was in GREAT condition and the only thing she should be aware of is that the tires have 40% tread left. She said fine we'll order tires after we're done with this deal. In the meantime she signed a contract for a new 2013 Lexus shortly after.
She then went to leave and when she saw her car she was in shock. Someone had sideswiped it and left their auto paint all along the side panel and took some of hers off with it. The Service Department (who had checked the car over) claims it was that way when they went to look at it. They also claim that they are not responsible for anything in their parking lot. She demanded to speak to the Sales Manager who she dealt with. He said that they have surveillance cameras around the lot and they would look at them tonight and call her in the morning.
If he sees it was a hit-and-run by someone visiting their dealership, how far does their responsibility and liability go? I would think that since they have access to special pricing at Body Shops in the area, they would get the car fixed and keep a long-term customer happy. Don't they have insurance for these kind of things? If so, what is it? Wouldn't a general liability policy cover it? Is this just a subjective thing where if they feel like being nice they may do soomething?
Ok, so here's the other scenario. What if they report that they couldn't see anything from surviellance? Is it possible someone from their company did that to her car and the company doesn't want to admit it and muchless take responsibility? It's pretty easy for them to bully my mom as she is 74 years old, on her own and on oxygen. What is the recourse that she may have?
Anyway, the whole thing is becoming a nightmare and any help is greatly appreciated!
AnswerRobin, Thank you for your question;
Of course answers to your questions will be determined upon the outcome of the video.
While I am not an attorney and no longer a licensed claims adjuster, I cannot and do not offer legal advice but I'll gladly share my thoughts with you.
1.) If the damages were caused by a visitor at the dealership, they themselves would be responsible for the damages.
2.) If the damages were the result of the dealer's negligence (place vehicle parked, their driver was negligent etc.) the dealer would be liable while the vehicle was in their care, custody and control.
3.) The dealer is in err in the assertion they are not responsible is false. When they inspected the vehicle for a new sale, this is part of their normal routine and they would be responsible for the vehicle's safekeeping and for any damages caused if indeed due to their negligence.
4.) As far as repair, I would suggest that you seek and engage a repairer of your choice and not rely upon the insurer or the dealer to chose...especially if the dealer will be paying for the repair! You want a shop that sees your mother as their customer to safeguard her personal safety and economic well-being...no one eases!I would count on anyone "being nice" as there is likely considerable economic damages involved and insurers, and dealers and negligent people don't want to lose money and will do what they can to save it.
5.) This brings up another point: As a result of this vehicle's once "Great Condition" and now having been damaged...it will no doubt sustain a loss in value ("Diminished Value") and your mother will be entitled to collect this economic loss from the at-fault party to make her whole once again.
6.) I believe your mother should report the claim to her insurer and allow them to perform their own investigation and if possible see the video (if it still exists) and allow them to pay for the proper and thorough repair (at a shop of your selection), and once their investigation is complete, and they find the negligent party..she can seek recompense for the loss in value she'll surely suffer.
7.) I would also strongly suggest you report the loss to the local police to see if they will make out an incident report and perhaps view the video as a part of their investigation...if the video exists.
I hope this offers some help and direction.
Barrett
