OUCH! Despite other "advice" to the contrary, I think you should consider having an attorney on board at this point. I know your friend is competent in this field - but I suggest you venture out and retain someone else (this will prevent any bruises on your friendship if things go bad). You can still use your friend as a backstop - and he may be able to refer you to someone good.

Also - what state are you in? There might be an attorney or 2 that has some knowledge in your location - or at least the ability to do some quick and dirty research.

Best of luck,

-td

thanks for all the ideas.....
 

Thanks for all the help. I live in Florida. Are there any specific laws that I should be familiar with?

Is it possible to let us know the location of this dealer?

Despite TD being a prick, I believe he is now correct that it is time to go ahead and meet with/retain counsel. Yes it was an accident, yes accidents happens, but in the majority of states 1) you have the choice of where to have you car repaired, and 2) you have a right to be put back in the position you were before the accident, which includes diminished value.

Obviously here, the attitude of the GM's runs straight down from the owner. It is a shame, as it is really stupid for them to go down this path. If he had offered what you are entitled to, that would be one thing, but basically they are telling you to go pound dirt.

You need to establish what your legal rights are in your state, and if you have the choice of where to have the vehicle repaired, start by taking it there.

Don't even talk to them any more - you're wasting your breath.

Get your insurance company to talk to their insurance company direct - leave the dealership out of it.

Your insurance company will be able to move things along far more quickly with the professionals at the other insurance company - and in turn they'll be leaning on the dealership real fast, trust me!

Your insurance will also know where you stand regarding using a body shop of your choice, diminished value, etc etc.

And get a lawyer - and have him notify the dealership that he's retained on your behalf.

It's time to stop burning your own time, and use the professionals.

I would have my attorney unleash the hounds of hell on that dealership. Also, internet forums are great at spreading the word of such incidents. ;) As for getting your own insurance company involved, I'm not sure if I would do that as they aren't responsible for what transpired and neither was the vehicle owner. It would speed along the repair, but may muddy the waters with another party being involved.

Yep - but if he's not getting any where - that's part of what you pay your insurance company to do for you!

They would 'in theory' pay for all repairs to your satisfaction and then subrogate against the dealership (and hence their insurance company) for their money.

And when it's their money at stake - they'll be working damn hard to get it back.

Now if the dealership were reasonable, he wouldn't have to go down this route - but the signs are pretty clear, dealer is prepared to play hardball and even resort to some name calling.

Name of dealer: nothing wrong with telling us the name of the dealer, as long as you're sure anything you've said about them is absolutely true. You don't want a business libel suit. Also, you may want to keep it confidential for now so your counsel has it as a bargaining chip later.

Lawyer: get one. If only to sit down with him for an hour or two and lay out the facts. He may tell you to go through your insurance company. He'll have to read your policy (as you should).

Good luck, and keep us posted.

CP

Involving your insurance company (but not necessarily filing a claim at this point) sounds like a good suggestion. I did the same thing when I had a minor fender bender on the highway: I didn't file a claim, I just notified them of the incident. I ended up recovering without using my insurance company, but since they were aware of the incident, if the other guy didn't pay, my insurance company would take care of the car. After I was paid, I called and closed the ticket with my insurance company.

Also, as I understand it (from some web research), you should keep in mind that you are in a first party position with your insurance company (i.e. direct contract) so anything you get will be under the terms of your contract - which might not have dimished value. If you fight the dealership directly - they are not related to you, so you have full recovery under tort law. Both have upsides and downsides. And I'm still of the mindset that you should have counsel so that you can be fully informed before you make a decision.

-td

probaly the best suggestion yet. I also wouldnt let THEIR body shop fix it. They have too much involved and id bet money they will shortcut the repair. Your not obligated to have THEM do the repair. Id take it to another shop, and file it with your INS co, then your INS will collect from the dealer.

I would find the BE$T (ie: most trusted PCA enthusiast type) repair place in the area, and have the car brought to them. If you have to fix the car, don't let the dealer's place do it!

Don't count on CARFAX. My ML320 suffered $13,000 in damage when an old lady t-boned it in a parking lot. Entre right side replaced (b-pillar crushed, pretty major repair). Traded it in after it was very expertly repaired. Just for kicked I check CARFAX a year later. Nothing about the crash appeared. If I do not see a WRECK on CARFAX report that does not mean much to me at all. When I DO see a WRECK.. that's good info. Like the '97 WB I almost bought untilI found it had been salvaged in '99 then it was dismantled after another total crash in '02. Never seen a car that had been totaled twice. Looked sweet too, drove like a nightmare.. no wonder.

Sorry, that's steering off-topic.

Sorry to hear about the crash. It's been a few days, I'm only on page 2 so hopefully I'll next read about a good outcome.

"... he also told me that I was acting like his 15 yr. old daughter."

This alone warrants a full bend over job, lots of hair pulling and no lube. Go get 'em.

This whole thing makes me so mad. I know how I would feel if a dealer put a ding on my car! :banghead:

John - How the hell have you been? Looooooong time no see! It's great to have you back here again! I have missed you and your humor! :cool: