Quote:
Originally Posted by Banshee
Lets look at this differently....
I believe the dealership and insurance company of the dealership is treating this as if an unknown entity broke into the dealership, took the keys, destroyed the car.
A. The dealership would ONLY be suing the thief for the damage for the building and have absolutely NO responsibility for the theft and damage to the ZL1.
B. The owner (OP) insurance company handles the claim and ensuing lawsuit against the thief who broke into the dealership and stole the car.
C. The dealership has no responsibility to rectify anything for the ZL1 damage.
D. The OP insurance company has the responsibility to make the OP whole as best they can and NOT the dealership.
HOWEVER!!!!!
Since the theft...and this IS a theft, the dealership is 100% responsible for all damage and to make the OP whole by any and all means up to and including breech of contract and merchant ability.
My house burns down accidentally, my house gets rebuilt better than it was before if that is how I want it. HOWEVER, if I contract someone to burn my house down, he gets caught, I get implicated, I am ass-out.
Catch my drift?
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I registered just to dispute this post.
The dealer is 100% liable, because they were in possession of the car at the time of the theft. This is no different that if an employee damages a car while the shop is open. When you drop a car off at a repair facility, the facility is completely responsible for the vehicles well being until it is returned. This is why a walk-around is performed and all scratches/dings/damage is marked. The customer and service writer should sign the paper this way there is an agreed upon record of the car's condition before it is worked on. I was a service manager for many years and have unfortunately had to deal with bullshit idiot techs who damage cars. Just because the dealer was closed doesn't mean they aren't responsible for the car because at the time of the damage it was signed over to the dealer. What if a random person has broken into the dealer and stole the car? this is NO DIFFERENT.
The dealer and their insurance should be covering this in a 100% fashion. period. The customer should be either receiving a check for the high value of the car or (at this point) a new replacement because this is ludicrous.