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Originally Posted by dvision
The employer is responsible for his employee. He didn't break into the dealership, he used his keys.
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Maybe I'm missing something, but where does it say the employee had keys?
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Originally Posted by dvision
Unless the laws in your state are different than ours, dealership has insurance for this. I was in the car business for many years and my insurance always included garage keepers liability. This is for test drives while you are working on vehicles and damage that might occur while driving or problems that may be a result of techs.
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That's all well and good, but this dealership was closed, and the employee was there after hours and not on the clock. In other-words, he wasn't there as an employee, or at the owners behest, and he wasn't test driving the vehicle as it was there for paint issues. Would your insurance cover this situation?
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Originally Posted by dvision
I also might disagree on the insurance company or the dealer giving him a new '14 ZL1. They are going to look at it like he was driving a '12 and sentimental value doesn't matter. I think they are responsible for giving him a car that is the same value or greater, or the cash including the cost involved with the purchase including sales tax and title fees. I hate that this happened and it has made me rethink how I may handle any future trips to get work done on my Z. Good luck.
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What you think, and, like many others here, you're emotions are irrelevant. The law requires that you are made whole at the time of the loss; you're not entitled to a windfall.
Apparently some here would have snapped their fingers and had a brand new $60,000 car with a hot blonde holding a puppy in the passenger seat for the guy 1st thing Monday morning. That's awesome for those of you that have those kind of super powers, but that's just not realistic; these things take time.
At the end of the day, according to the information given to us by the OP, the dealership did nothing negligent.
In my experience, assholes don't have: "You can't trust me, I'm an asshole" tattooed on their foreheads. For all we know a background check was done and it came back clean. What's the owner suppose to do? Have a PI follow all employees around when they're off the clock? Lock them up in a vault at night? A business owner can only do so much...
Even if the advisor did have keys, you have to prove that that is unusual. That is, is it unusaul for some key employees to have keys to a business? The answer to that is, no.
Obviously there is a trust that goes with that responsibility. The advisor broke that trust. Was it foreseeable? We don't know. For all we know the employee was a model employee that earned the owners trust over the years and had one really stupid lapse of judgement. None of you upstanding citizens have never done something really stupid?
My only point in standing up for the dealership is to get people to think before they react. This thread grew 8 pages in one day with most people demanding the dealership owner be hung by his nut sack with the most minimal of facts, and from only one side of the story. The car had only been officially totaled THAT day.
Some of you should be ashamed of yourselves for posting the kind of crap you did on their Facebook and/or website so quickly.
Hey, at some point facts may come out that the owner is a real douche, but until then, how about giving him the benefit of the doubt. Wouldn't you want that same consideration?