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 something?
Ok, so here's the other scenario. What if they report that they couldn't see anything from surveillance? 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!
AnswerIf the damages happened while the dealer was servicing the car, or it was in their custody, they are responsible. I'm sure they have a general liability policy for this. If it happened while parked in their lot, before they began any service, they are not responsible. Your mom's own insurance would likely cover the damage under Uninsured Motorist coverage.
Hopefully the tape will show what occurred. Will they lie? I have no way of knowing this. Your insurer could ask to see the tape but the dealer has no obligation to allow this, absent a subpoena. they could easily destroy the tape before this occurs, as most businesses only keep tapes for a short period of time.
Your mom has the option of cancelling the purchase contract if she is unhappy with their response, but she will need to do this asap.
