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Old 08-07-2006, 06:53 PM
roninnotroamin roninnotroamin is offline
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Location: California
 
Join Date: Jul 2006
Posts: 49
Mein Auto: MBZ CLK320; BMW 330cic
Quote:
Originally Posted by spots
Sorry to hear about your car. While I understand your frustration don't be too quick to make judgment. Does the dealership have a policy printed anywhere that states that they may road test your vehicle? This was our policy when I was working at a dealership.
Most techs these days ARE in their 20's. Possibly it was a joyride, however I think you should not judge the dealership so quickly. It will probably get messy now that lawyers are involved, as they are only in it for the $$$$. I hope it all works out for you.

Please don't offer legal advice if you are not a lawyer. As in this case, you are more than likely to screw it up and if the OP didn't already have a lawyer (as would frequently be the case) and he listened to you, you would cost him big bucks.

Whether they have a policy printed anywhere or not is irrelevant in this situation. Not only was the kid driving the car well AFTER it had been QCed and marked for release, he was also breaking the law when he wrecked it. No "printed policy" excuses lack of reasonable care, and this is a case of all out negligence/recklessness. The dealer is liable for the damage. Period.

I love the comment about the bald tires in Stuka's post. If a car has bald tires would a reasonable tech take it out and drive it hard? Savage admitted his boy acted recklessly!

As for attorneys, of course they are in it for the money. Why do you work for a living?

That said, you always have to weigh cost/benefit. In a case like this, you have some things in your favor. Yes insurance companies stall, but you also have several statutory remedies against them in most states. When situations like this happen, you should always seek legal advice. The first consultation should be free. If the azzhole tries to charge you, ignore him and just go somewhere else. This country is certainly not short of plaintiff's lawyers...or car dealers.

BTW, I am an attorney. CA.


I would start with Stuka's position to start. If the dealer isn't lying about the effect of the wreck, he should jump at it.

Last edited by roninnotroamin; 08-07-2006 at 06:57 PM.
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