QuestionTwo prospective buyers and a salesman entered a car for a test drive at a large auto dealership in Georgia. All three looked around but neither noticed a wooden electricity pole located 5-6ft on left side of car directly behind the vehicle. Pole was in drivers blind spot. Vehicle was started and car was gently rolling back out of space when it hit the pole. The car had been parked in the spot in such a way it could not have been backed straight out of the space, driver had to pull forward Turing the car sharply to the left and then back out narrowly missing the pole by several inches. It basically was sandwiched between two vehicles and had a barrier in front of it and the pole directly behind it.
The damage to the vehicle is minimal and only effects the bumper. The Sales manager became irate because the clients would not commit to purchase a car and demanded they give him a check for $500 to cover the damage. The clients had told both the salesman and the sales manager to have their attorney or insurance person contact them and allow their insurance companies to handle the situation. The salesman, still irate becomes furious and demands that they either give him a $500 check for the damage or he was calling the police and report the clients for a hit and run.
The salesman never saw the pole, nor did the clients and they felt the dealership was partly to blame and refused to accept 100% responsibility for the damage. During the sales manager's tirade he continuously threatens to call the police, he keeps picking up the phone dialing numbers and hanging it up. The clients insists that he does call the police to make a report put sales manager all of a sudden decides he does not want to get the police involved and just wants them to pay him $500. In a effort to diffuse the situation and calm the men down, the wife tells the sales manager that she is going to write him a check for $250 because she feels the dealership is partially at fault due to how the car was so poorly parked and the salesman did not follow protocol and pull the car out for them. She just wants to leave and get out of the threatening situation. She proceeds to tell him she will give him this check and for him to know that they will never purchase a vehicle from any of their numerous dealership across Georgia, nor will any one she knows and that of course she will tell every person that will listen how this situation was so poorly mishandled.
After driving away, she immediately contacts their insurance company and learned that the dealership is responsible as the primary insurer. She was also instructed not to give them any money for damages.
Of course, this is my story. This experience was so emotionaly traumatic, and humiliating. I don't know the law, but I feel like I was a victim of extortion. I truly feel I have been violated. I believe this person overstepped his boundaries and I'm now frustrated.
Am I wrong for feeling this way? Do we have any recourse against this dealership and individual? Should any formal complaints be filed and if so, with what organizations?
Any feedback is appreciated.
Any comments or opinions?
AnswerHi Vickie,
Unfortunately, there is no organization for you to complain to. Georgia has some of the most lax consumer protection laws in the entire country. Especially when it comes to car dealers since they spend a lot of money buying off the polititians.
It sounds like you have done everything you could. As far as responsibility, I feel you are correct. A 50/50 responsibility exists. 50% yours since you were driving the car and 50% theirs because the salesman should have known about the pole and moved the car himself.
If things go any further, just let your insurance company handle it. Otherwise, the only other place it could go is to court to let a judge decide.
I hope this helps
Richard Hixenbaugh
