famous shoes

After going through the fire pictured above due entirely to dealer negligence from your description it doesn't seem at all unreasonable to ask for a new car. I would think that your dealer should be thrilled to get away with just the price of a new car and avoid a settlement for "pain and suffering". Replacement value is one thing but enduring what you went through is entirely another. PCNA might exert some pressure on the dealer to reach a reasonable settlement. I would definitely give them a call. Any decent plaintiff's attorney would be all over this case, not to mention a consumer reporter for nightly television news.

Porsche_nuts

it seems dealer/mechanic is clearly at fault and can be proven - they need to make you whole for your loss

Dewinator

So... it's their fault, nobody's hurt, they should give you full retail value of an equivalent car, but I don't see any reason why they would pay for a new one or a Lambo or whatever else you're wanting.

blackonblack

You should storm into the dealer, and say "Give me a new C4S, or I'll sue your ***!" The sales rep will probably say, "Sir, you have to leave." Then while pointing your finger at the sales rep, you say "It just went up to a Turbo!" Then storm out, get in your rented Chrysler and screech off...

rk-d

Unless you had agreed value insurance, you are stuck. Your insurance will probably subrogate against the dealer's insurance, as noted.

PantsFire

agreed, you should be able to buy an equivalent car, the insurers value minus four grand is an insult

blackonblack

Or you could blow your horn for 10 seconds every time you drive by the dealer... that'll give all the gray haired buyers second thoughts.

Better yet, get a set of air horns.

djcxxx

The internet is not your friend in any litigation. Stop posting talk only to your legal counsel.

Bents

:lol:

JonnyC

I agree that on this particular occasion (as opposed to the prior occasions when the car just turned off on the road as detailed at the 6SpeedOnline thread I mentioned) it was the dealer that nearly killed me. The car insn't on the side of the road because it turned off -- I assume because of the fire --while in the middle of the road during a slow merge into an expressway. Some motorists drove by me to the right waving to get my attention. As the engine is in the rear, I didn't see the smoke until it was too late -- the car wouldn't turn back on, and things happened quickly. I ended up running down the road behind me and waving and yelling for people and cars to stay back, fearing there would be an explosion. Someone had stopped with a fire extinguisher but correctly decided to keep his distance and wait for fire crews.
As for the insurance issue, in Pennsylvania, punitive damages, when awarded, are not limited to the market replacement value of destroyed property.

mac10

+1

spiderv6

So this happened three months ago?

So what does your lawyer say? Have you sued? Has the insurance company settled (would appear pretty clear cut based on what you said)?

I feel like there is half a story being told here

daberlin

You're right I should have been more specific.

First off, glad you are ok. Cars can be replaced, people can't.

Since you came online, you must be seeking advice or feedback.

1. If you goal is to litigate here, it can only harm your case, not help. Best to take the high road and stay off the internet.

2. Lawyer up and let them work on your behalf to seek reasonable restitution with the shop.

3. Almost dying and dying are two different things. Your lawyer will work with you to address how you were harmed by this negligent act. Fair market value for the vehicle. Yes. Loss of use. Yes. Some pain and suffering, yes. A new C4S? hmmm, well, go for gold as they say.

Lastly,

4. Carry a fire extinguisher in your next whip. :thumb:


Good luck, and welcome to Rennlist.

Needsdecaf

Sorry that hear. Definitely hire an attorney and go after the dealership. It's unfortunate that your unhad those issues, and they have soured you on the car, but it's not connected to this, which was certainly caused by negligence during the oil change.

As for new car, that's not likely to happen unless the dealer decided to settle on that with you to avoid litigation. Other than that, your insurance should give you fair market value on the car.

captainkirk

I am very sad to read about this. Absolutely horrible situation, I am sure your attorneys will be find a solution on this. Best part is that no one is hurt.

Who is this dealer/service dept, inquiring minds want to know that way we all can avoid them. You may not be able to say directly right now (you haven't even started litigation right now) but I am sure we all can take some clues...especially on what city/state it is in.