I’m not trying to be flippant here, but whether the hoist failed or the employee failed, what’s the difference? You’ve got a ruined car and they should reimburse you fair market value for it. As for the hows and whys and what-ifs, I think that’s for the dealer to sort out internally.
I’m in agreement with asemaster. Why the car fell is actually irrelevant from your perspective. The only thing that matters is that you’re made whole financially.
If it was an employee fault then there’s a good chance said employee was terminated.
The same thing would apply if a lube guy left a drain plug loose and an engine was wiped out due to lack of oil; the employee would probably be gone PDQ.
In the incident I mentioned about actually seeing a car go over the side, that one was due to a faulty lift.
It was a dual post lift and the rear post was prone now and then to suddenly dropping 4 or 5 inches due to a hydraulic problem. The two arms on each post had flip-ups for the chassis of the car and when the rear post dropped suddenly it caused a couple of the flip-up tabs on the same side to flop over. That in turn tilted the car right over the side and it was like watching something in slo-mo; much like seeing the Titanic going down in the movie.
The employee in this case was also terminated even though it was due to faulty equipment and for which there had been months of complaints about.
@ok4450, it sounds like that poor mechanic had a vindictive employer.
db4690, that employer was horrid and that’s putting it politely. As a a matter of fact, when I first went to work there several of the guys invited me out to lunch that first week and the GM mechanic who worked on that lift (along with handling the front end alignment rack) had even made a complaint during lunch about that rack “was going to kill someone” and that he had been carping over it for a year. A month or so later it happened.
Even sadder, the guy that got fired was a very likeable and competent mechanic whose specialty was suspension, brakes, and alignment.
He had called the service manager over to point something out on the car in question, there was a loud bang as the car dropped, and both mechanic and service manager just barely avoided getting crushed.
Orders came down from the owner less than 10 minutes later; fire the guy his fault or not.
These things do happen from time to time, probably more often than you think, so there should be no suspicion about this incident. The dealership is obligated now to make you whole once again, so you will probably end up as good as or better off than you were before you took your car in, meaning you may well end up with a better car than the one that fell off the lift. If I were in your situation, I would be thankful nobody was (presumably) hurt or killed in the accident. I would also discard the idea of getting an attorney involved. There is a 99.9% chance that the only thing they would do for you is take a cut of your “winnings”, meaning if you are awarded $15k to replace your car, the attorney gets $5k and you get $10k to go car shopping. I suggest dealing with this one yourself, but be reasonable in your expectations. The dealership will already be bending over backwards to make you happy after this incident.
A colleague of mine had his car totaled by a repair service when a torrential rain came up. The repair service was located next to a railroad overpass. The drain at the bottom of the street was plugged and the entire overpass and surrounding area was flooded in the middle of the night. My colleague’s entire car was under water. The insurance from the repair service did give him the full value of the car. Whether it’s an Act of God, a careless employee, or faulty equipment, these things happen.
Until this deal is consummated, you should be getting a free rental too ! Everyone is insured, or should be. That’s what insurance is for. Get a new car from the dealer for comparable value or greater !
@johnnynothappy “Hello, so I was at a reputable dealership which (for now) will remain withheld as i was leaking fluids.”
That must be embarrassing.
Forget about needing an attorney. If you threaten to hire one, the dealership may well turn the whole matter over to their lawyer. Believe me, they have one on retainer, and they have deeper pockets than you do. All you are entitled to is the fair market value of your car.
A situation similar to this happened to a friend several years ago. His car was STOLEN out of a major dealer’s lot after repairs were completed. They used to leave the keys with the cars, and think that the unlocked gate was protection enough. NOT. They gave my friend a much nicer used car to drive, hoping that the stolen one would be found. After two weeks they offered him that car CHEAP. My friend’s comprehensive insurance would have paid, and probably subrogated against the dealer’s insurance. His wife was ready to take the deal when their daughter spotted their stolen car in a grocery store parking lot near their house, but 14 miles across town from the dealer. “Yes it’s our car mommy. That’s my teddy bear in the back window”… They called the police who asked if she had a key for the stolen car. She did. They told her to drive it home. I thought that was ill advised, but that’s what she did. The cops said the thief was probably long gone by then.
If I were that dealer, I’d check my used car inventory for a nicer newer car than the OP’s that I had traded for at a wholesale price. I’d give or sell that car to the OP. I’d be happy because I had little enough in the trade in. The OP would be happy because he got a nicer car than he had.
If the dealer’s insurance company is involved, and they probably are, they can pay the OP who can then buy the “new” car for wholesale. Win/win.
They may give you a great deal on something in their lot, just for the pr.
You should not need an attorney if your car is insured. Your insurance company’s job is to get you a fair compensation for a damaged or totaled vehicle.
At this point, it is all about negotiation.
Question: Do you wanty the cash or a better car?
Cash? Blue book is the “value” of the car. You can probably negotiate a better value, but it may be difficult.
Better car? This may result in a vehicle that has problems you don’t yet know about?
How about negotiating for the better car - AND a 5 year warranty for free repairs at no cost to you?
Get this in writing.
“How about negotiating for the better car - AND a 5 year warranty for free repairs at no cost to you?”
This may backfire on the car owner. Asking for something ridiculously high may result in an equally ridiculously low counter-offer…
It might also end with a 2 year warranty. Anything better than a 90-day warranty is great.
I definitely need another car. Obviously. I just have to wait til the holidays blow over so I can here from them and see how it is handled and what is offered to me.
Again, they should be providing you with a rental. Make that known !
“and see what is offered to me” Sorry I was also the nice guy for a long time and it served me well, but times have changed and if you are not a lean mean fighting machine you are grist for the mill. Sure I still have respect and honor with many for a handshake or word of honor, trusting in my brother and being treated correctly, but in this case your chances of being thrown under the bus are fair to middling. You need to demand more than you really expect, when they offer you the similar year with similar mileage, Hey you mistake is why I am here now, I would love to tell people how great you guys are, how about that 09 with 35k? Bargain from there. Don’t be afraid to pull the you wrecked my car when you get the I would have to talk to my manager. I never used to be this way, but after years of watching people lose and win think you need a win.
You know, we have 4 pages worth of comments and we still dont know what kind of vehicle the OP has. (Unless I have totally overlooked something).
transman
In your original post, you said you were at a “reputable dealership” While I am truly sorry for the inconvenience they have put you in, I am also of the belief that if they really are reputable, they will make you a fair and reasonable offer. They wouldn’t have become a reputable dealership by making their customers unhappy… this applies to the customers who buy the cars on their lot AND the customers who get their cars serviced. When they are in the wrong (as in your case) a reputable dealership will do what is right. If you are keeping the lines of communication open and fair, I’m sure they’ll step up to the plate and do what is right. Just my opinion.
+1 see what they offer before getting all worked up about it.
I’d want full retail value + taxes + title + registration charges. Then buy a car from them at their wholesale cost. Should end up with better car and no out of pocket expenses.
In the end, you’ll probably be dealing with their insurer if the mystery car is worth anything rather than dealing directly with the dealership…
Hopefully the OP will return and keep everyone up to date on what transpires with this problem but I would be a bit surprised if they do based on the tone of the original complaint.
An accident happened and accidents of varying degrees in a shop setting are not a rare thing. The conspiracy theory and lawyer consultation is a bit much seeing as how the dealer has made the right moves up to thist point by bringing in the insurance adjuster and providing a free rental car.
My feeling is that the dealer will take care of the problem in a satisfactory manner except for one caveat that is unknown.
That caveat would be if the OP is way upside down on the car financially and owes twice what it’s worth. In a case like that an insurance company is probably going to balk a bit.
The OP is entitled to full retail plus expenses related to registration and monies expended on the repairs which are now a moot point.