991 Engine Fire On Highway - Car Destroyed
03-12-2017, 08:17 AM
#46
Race Car
We are only getting one side of the story. Not to mention, he didn't say what his insurance was going to do or how it was going to be remedied - did he take the dealer's insurance company offer? Did he try to work it through his own insurance? Did he seek legal advice? What did the dealer say was the fault? Did PCNA have any comment on what happened to the car? (Cars shouldn't just go up in flames!)
OP's first post which means he probably came here just to drop a dime on the dealer and we will never see another post from him...
OP's first post which means he probably came here just to drop a dime on the dealer and we will never see another post from him...
03-12-2017, 08:33 AM
#47
Track Day
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Have seen this before, people get on these forums to make a point about a dealer and try to trash them. I have been in a similar situation, dealer made the situation right and I didn't get on a forum and bash them as they worked through the process. It is called Keyboard courage folks, nobody really will ever know the true outcome, people want drama on the internet since the truth isn't that interesting, LOL.
03-12-2017, 10:45 AM
#48
Agree. I had an issue with a BMW years ago and I worked it out with the dealer. I did use a BMW forum to ask/get information on how to proceed and the members were most helpful. The issue was resolved and I ended up with a new car. I suspect that if the OP actually had started by explaining what happened and then asked for recommendations on how to proceed, his reception would have been better.
03-12-2017, 10:53 AM
#49
Cruisin'
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Some of these comments suggest the OP and following thread either wasn't read carefully, or that some posters have a difficult time distinguishing between different people and instead, prefer to rely on stereotypes, and then announce it.
PCNA and the dealer participated in the forensic inspections, which took a while to arrange. Their rep was the same one involved in the crank sensor spacer issue and remembered me and this car. Although that issue was ridiculous, it was eventually fixed. This situation is quite different. PCNA's experts at the post-fire inspection agreed about the presence of the non-native fibers. They obviously also agree the car should't go up in flames, and also apparently believe this was the dealer's fault.
I haven't accepted anything and have sought legal counsel, so while nothing has been made "right" yet, eventually, that will happen. My insurance company was informed, but is nearly irrelevant to what's going here. Of course, my insurance would pay what the insurance contract says it should pay, which is very different from and less than what the dealer, as the responsible party, can be required to pay in compensatory and punitive damages.
PCNA and the dealer participated in the forensic inspections, which took a while to arrange. Their rep was the same one involved in the crank sensor spacer issue and remembered me and this car. Although that issue was ridiculous, it was eventually fixed. This situation is quite different. PCNA's experts at the post-fire inspection agreed about the presence of the non-native fibers. They obviously also agree the car should't go up in flames, and also apparently believe this was the dealer's fault.
I haven't accepted anything and have sought legal counsel, so while nothing has been made "right" yet, eventually, that will happen. My insurance company was informed, but is nearly irrelevant to what's going here. Of course, my insurance would pay what the insurance contract says it should pay, which is very different from and less than what the dealer, as the responsible party, can be required to pay in compensatory and punitive damages.
03-12-2017, 12:42 PM
#50
Drifting
Some of these comments suggest the OP and following thread either wasn't read carefully, or that some posters have a difficult time distinguishing between different people and instead, prefer to rely on stereotypes, and then announce it.
PCNA and the dealer participated in the forensic inspections, which took a while to arrange. Their rep was the same one involved in the crank sensor spacer issue and remembered me and this car. Although that issue was ridiculous, it was eventually fixed. This situation is quite different. PCNA's experts at the post-fire inspection agreed about the presence of the non-native fibers. They obviously also agree the car should't go up in flames, and also apparently believe this was the dealer's fault.
I haven't accepted anything and have sought legal counsel, so while nothing has been made "right" yet, eventually, that will happen. My insurance company was informed, but is nearly irrelevant to what's going here. Of course, my insurance would pay what the insurance contract says it should pay, which is very different from and less than what the dealer, as the responsible party, can be required to pay in compensatory and punitive damages.
PCNA and the dealer participated in the forensic inspections, which took a while to arrange. Their rep was the same one involved in the crank sensor spacer issue and remembered me and this car. Although that issue was ridiculous, it was eventually fixed. This situation is quite different. PCNA's experts at the post-fire inspection agreed about the presence of the non-native fibers. They obviously also agree the car should't go up in flames, and also apparently believe this was the dealer's fault.
I haven't accepted anything and have sought legal counsel, so while nothing has been made "right" yet, eventually, that will happen. My insurance company was informed, but is nearly irrelevant to what's going here. Of course, my insurance would pay what the insurance contract says it should pay, which is very different from and less than what the dealer, as the responsible party, can be required to pay in compensatory and punitive damages.
03-12-2017, 01:06 PM
#51
Rennlist Member
Agreed. Same here in the U.S. I'm an attorney in Florida and it is my opinion that the OP is not entitled to a new car, just his damages (actuall losses). He had the benefit of the car for x number of miles. To the extent a dealer desires to minimize negative publicity, it could voluntarily agree to pay more, but I would not counsel the dealer to do so since, on the OP's best day in Court, he is only entitled to actual losses, not a new car. I also agree that punitive damages do not apply based upon what I have read.
03-12-2017, 01:24 PM
#52
Race Car
Some of these comments suggest the OP and following thread either wasn't read carefully, or that some posters have a difficult time distinguishing between different people and instead, prefer to rely on stereotypes, and then announce it.
PCNA and the dealer participated in the forensic inspections, which took a while to arrange. Their rep was the same one involved in the crank sensor spacer issue and remembered me and this car. Although that issue was ridiculous, it was eventually fixed. This situation is quite different. PCNA's experts at the post-fire inspection agreed about the presence of the non-native fibers. They obviously also agree the car should't go up in flames, and also apparently believe this was the dealer's fault.
I haven't accepted anything and have sought legal counsel, so while nothing has been made "right" yet, eventually, that will happen. My insurance company was informed, but is nearly irrelevant to what's going here. Of course, my insurance would pay what the insurance contract says it should pay, which is very different from and less than what the dealer, as the responsible party, can be required to pay in compensatory and punitive damages.
PCNA and the dealer participated in the forensic inspections, which took a while to arrange. Their rep was the same one involved in the crank sensor spacer issue and remembered me and this car. Although that issue was ridiculous, it was eventually fixed. This situation is quite different. PCNA's experts at the post-fire inspection agreed about the presence of the non-native fibers. They obviously also agree the car should't go up in flames, and also apparently believe this was the dealer's fault.
I haven't accepted anything and have sought legal counsel, so while nothing has been made "right" yet, eventually, that will happen. My insurance company was informed, but is nearly irrelevant to what's going here. Of course, my insurance would pay what the insurance contract says it should pay, which is very different from and less than what the dealer, as the responsible party, can be required to pay in compensatory and punitive damages.
Anyways, good luck. Sorry that this happened to your car. I would not be very happy about it, either.
So what is "their idea of market value" minus 4K? How much was your car when it was new and how many miles were on it before the accident? Would would you expect a comparable used or CPO car to cost?
Last edited by Hurricane; 03-12-2017 at 01:48 PM.
03-12-2017, 02:06 PM
#56
Race Car
But again, we have no idea of the condition, miles, or options on his car.
03-12-2017, 02:42 PM
#57
Race Car
Agreed. Same here in the U.S. I'm an attorney in Florida and it is my opinion that the OP is not entitled to a new car, just his damages (actuall losses). He had the benefit of the car for x number of miles. To the extent a dealer desires to minimize negative publicity, it could voluntarily agree to pay more, but I would not counsel the dealer to do so since, on the OP's best day in Court, he is only entitled to actual losses, not a new car. I also agree that punitive damages do not apply based upon what I have read.
I am amazed that your insurance would pay less than the dealer is offering - does this mean that the dealer is offering to pay you MORE than the value of the car?
03-12-2017, 03:21 PM
#58
Rennlist Member
I think it is a terrible thing to have happened and there definitely was negligence. But you can ask for a brand new car to replace one that is over 4 years old. He should though get at least the value of the car. I am confused why his insurance company isn't stepping up to at least offer current value. There is something we aren't seeing.
03-12-2017, 03:35 PM
#59
Cruisin'
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While I very much appreciate the comments of those who are genuinely trying to help here, my point in posting really wasn't to seek legal opinions on how to proceed, or to instigate protracted debate over what the legal obstacles might be in doing so. Lawyers here will sort all of that out. Rather, the danger and likelihood of this type of engine fire, and the unfortunate circumstances an innocent customer may find themselves in as a result, seemed worthy of comment on this forum. Despite some of the tangents I've seen, I won't regret my post if any forum readers -- including those who might wish to argue fine points of Pennsylvania law or disagree with my approach -- find themselves wanting to ask their service advisor or tech to double check the engine compartment for foreign items after an engine service.