Car dropped off lift at dealers

[Papa Muzzy]

Car dropped off lift at dealers. In a nutshell we brought it in for recall repairs and regular maintenance because we are driving north to Boston for medical treatment.I wanted to make sure everything was in good working order. Evidently they had the car running while it was up on the lyft and it backed up and fell on its back in its side. Needless to say badly damaged. The bluebook value was over 22,000 it was a 2015 Honda with 36,000 miles on it. They keep saying it was an accident. I coall it negligence. Our insurance company wants nothing to do with it and the dealer wants to give us $19,000 towards a new car which means we are unexpectedly out over 20,000 to replace it. We’ve contacted corporate but car dealerships are owned independently they will help negotiate but there’s really nothing they can do. I really doubt any lawyers would be interested it’s not worth enough money

[Chatbrat]

How about naming the dealer--so people would know who not to take their car to. Also--they should be able to locate the same car as a replacement

[HandyGrandpap]

Sorry to hear about the situation. Please keep us posted on the final outcome as this could happen to any of us. Thanks for sharing.

[CFrance]

Name your car insurance company too.

[Villageswimmer]

So sorry this happened to you. I think the remedy falls far short. Who was the dealer?

[fw102807]

Does no one accept responsibility anymore. Maybe one of the investigative news reporters will want to help.

[Goldwingnut]

Accident? More like gross negligence on their service departments part.

Get a lawyer, settle for nothing less than a new car and a written apology, go for punitive damages for you troubles and inconvenience. Don't be gentile or understanding with them, they'll do anything to get out of paying you.

A new car means they get away with it, get reimbursed by their insurance company, and then make a profit off of their stupidity when they sell you the car.

Be a royal pain in the A.. to them and be very vocal, especially on-line, nothing hurts a business more than bad press.

[Papa Muzzy]

So I really thought I mentioned it was a Honda. Offered to get us the same car with the same amount of miles but the point is I didn’t take care of that car. I take care of my cars very well and I know what I’m getting into when I get into it. Litigation would take such a long time and we don’t have it since my husband has to be in Boston for big medical problems by the end of August. I know that’s unrelated and then we were driving out with our two dogs, wheelchair, Walker, etc. and hoping to get a vacation on the way up. Send it to you in a little things have to be let go but the medical stuff is not little

[Blackie]

You can file a complaint with the Florida Dept of Highway Safety and Motor Vehicles.

https://www.flhsmv.gov/pdf/forms/84901.pdf

[rustyp]

So I really thought I mentioned it was a Honda. Offered to get us the same car with the same amount of miles but the point is I didn’t take care of that car. I take care of my cars very well and I know what I’m getting into when I get into it. Litigation would take such a long time and we don’t have it since my husband has to be in Boston for big medical problems by the end of August. I know that’s unrelated and then we were driving out with our two dogs, wheelchair, Walker, etc. and hoping to get a vacation on the way up. Send it to you in a little things have to be let go but the medical stuff is not little

Why would you feel you are entitled to more than putting you back to whole again? They offered you a car of same make, model. and mileage. If you push a little I'm sure they would cover a rental in the interim. Fail to see why you expect more. If you do why are you not getting a lawyer ?

[retiredguy123]

I'm not sure I understand your complaint. They only owe you the value of your used car, not a new car. It seems to me that you need to negotiate a settlement with them based on the actual value of your car. $19,000 seems like a very good starting offer, assuming that it is a cash payment. Whether it was an accident or negligence is really irrelevant. They don't owe you a new car.

[Marathon Man]

Why would you feel you are entitled to more than putting you back to whole again? They offered you a car of same make, model. and mileage. If you push a little I'm sure they would cover a rental in the interim. Fail to see why you expect more. If you do why are you not getting a lawyer ?

Yea. Those that are suggesting that you can make a profit from having your car wrecked are mis-speaking. Just as if it was stolen, you can't expect to get more that what it was worth, plus a free rental.

[retiredguy123]

Why would you feel you are entitled to more than putting you back to whole again? They offered you a car of same make, model. and mileage. If you push a little I'm sure they would cover a rental in the interim. Fail to see why you expect more. If you do why are you not getting a lawyer ?
I agree, except that I would not take a used car from the dealer. I would want a cash payment, based on the value of the wrecked car. Then, I would buy a new car.

[Kenswing]

Why deal with the dealership at all? You should go straight to their insurance company.

[retiredguy123]

It sounds like the dealer doesn't want to file an insurance claim and is trying to scam the OP. The dealer should just refer the OP their insurance company to handle the claim. If they won't, then the OP may need to file a claim with his own insurance company and they will insist that the dealer's insurance company handle the claim. Assuming the OP has collision and comprehensive coverage, he will be covered either way.

[Papa Muzzy]

Some of you have great suggestions. Really some of you areso far off base . We Meticulously take care of a car. There is no way in heck I’m taking someone else’s problems never have never will. It’s nothing like having it stolen and our insurance company won’t touch it. The trade-in value is 26,000. The dealer negligently drops it off the lift thankfully not hurting anybody. Although I think OSHA would be very interested in it.
I don’t believe in litigation unless there is clear negligence and intended harm on anybody’s part .
For instance, if my father fell in the hospital and broke both hips because they did not assign the sitter that the doctor ordered and they were willing to fix both of them; I guess I would say “ asLong as you give me something of the same value”
I realize my car is not a person but I can give you 1 million other instances to get my point across

[Chi33]

Ocala or Leesburg Honda?

[Papa Muzzy]

Leesburg.

[Ron_Ski]

My daughter's car was totaled in an accident. As it was an older car, we didn't carry collision.
It turns out, the at fault driver was driving a loaner from a dealer. We filed a claim with the dealers
insurance company and never dealt with the dealer directly. We got the full trade in value of the car plus rental expenses.

Just curious, do you know who the dealer is insured through?

I'm just guessing, but it almost sounds as if the dealer wants to pick one at auction for peanuts and pass it off to you.
That way they wouldn't have to report it to the insurance company, as it would look really bad for them.
But that is just supposition on my part.

[Papa Muzzy]

Know how do I find that out. I’m sure they won’t be forthcoming

[retiredguy123]

If you have comprehensive coverage, you can file a claim with your own insurance company. Your company will help you to settle the claim with the dealer's insurance company because they won't want to pay the claim, since it was the dealer's fault. It sounds like the dealer is trying to scam you by avoiding filing a claim.

[rjm1cc]

Try the Fl insurance commission and see what they suggest. My non legal opinion is that your insurance company pays your and then sues the dealer. I can see why your insurance company says it is not their problem and that is why I said to call the commission.
You might have to hire an attorney and sue for more than the cost of the car.

[Toymeister]

You have the right to be made whole, not better than whole. This is a property claim, not a personal injury case. Accident, negligence simply does not matter. You only have the right to be made whole as determined by "a reasonable man". You say that you have a well maintained vehicle. I daresay that everyone says that. Ultimately you will get nothing more than some semblance of what you had.

You have every right to be irritated, that is simply the result of your bad luck. I am sorry this may sound harsh, let the forum know if you receive some real that makes you happy!

[retiredguy123]

You have the right to be made whole, not better than whole. This is a property claim, not a personal injury case. Accident, negligence simply does not matter. You only have the right to be made whole as determined by "a reasonable man". You say that you have a well maintained vehicle. I daresay that everyone says that. Ultimately you will get nothing more than some semblance of what you had.

You have every right to be irritated, that is simply the result of your bad luck. I am sorry this may sound harsh, let the forum know if you receive some real that makes you happy!
I agree. But, you do have the right to have this matter settled by an insurance company, either your company or the dealer's company. I would forget about a lawyer and insist on filing an insurance claim. The dealer is trying to avoid an insurance claim, but you should not allow them to do that. Don't settle with the dealer directly.

[Nucky]

Oh brother just like you need this while facing a medical dilemma. If I was in your spot I’m certain you could come out better than you started if you shared your intention to go hog wild negative because of the bass ackwards net sum of you putting your Vehicle in condition for an important trip and I would reveal what your medical situation is specifically. Make sure you are speaking to the top dog at the dealer not just some bonehead. Good Luck. I’ll be watching to the result of your situation.

[Ron_Ski]

Actually, we're thinking like this is a traffic accident and it's not. This is an industrial accident, they dropped you car from the lift due to negligence.
The claim should be made to the dealer's business insurance company. They should have negligence coverage for just such an event.

I would insist they share the insurance info so you can negotiate directly with the insurance company.

Another thought is to retain an independent insurance adjuster to negotiate on your behalf.

[EdFNJ]

I feel your pain and understand your frustration but IMO unless you sue them (which obviously wouldn't be worth it due to legal costs) - assuming it is totaled and not repairable your insurance company or theirs will only give you the book value of the vehicle based on miles and condition or a replacement vehicle with similar miles and in similar condition (plus rental). They won't give you extra for "taking loving care of it" or not wanting a replacement used car or for painting it with 24K gold paint. If it isn't totaled they could just give you the repair costs. Unfortunately when you deal with property loss and insurance companies you get screwed. You should watch Judge Judy. :)

[Nucky]

You have the right to be made whole, not better than whole. This is a property claim, not a personal injury case. Accident, negligence simply does not matter. You only have the right to be made whole as determined by "a reasonable man". You say that you have a well maintained vehicle. I daresay that everyone says that. Ultimately you will get nothing more than some semblance of what you had.

You have every right to be irritated, that is simply the result of your bad luck. I am sorry this may sound harsh, let the forum know if you receive some real that makes you happy!

I agree with you but it’s a car dealer. You can’t ask for what you want, you have to ask for the moon then negotiate. In this situation tears cried on the correct person may bring great results. Time will tell. :pray:

[Laker14]

While I don't think they should just exchange a brand new car for the 36K mile car they dropped, I do think they should bend over backwards to make you happy. I think they should give you "high book" value on the trade, and then sell you a new one at their cost.

It sounds as if they messed up badly, but still want to use their mistake as an opportunity to turn a profit on a new car.
I'd at least threaten them with some ugliness, like an attorney, or bad press, etc etc.

[ColdNoMore]

Some of you have great suggestions. Really some of you areso far off base . We Meticulously take care of a car. There is no way in heck I’m taking someone else’s problems never have never will. It’s nothing like having it stolen and our insurance company won’t touch it. The trade-in value is 26,000. The dealer negligently drops it off the lift thankfully not hurting anybody. Although I think OSHA would be very interested in it.
I don’t believe in litigation unless there is clear negligence and intended harm on anybody’s part .
For instance, if my father fell in the hospital and broke both hips because they did not assign the sitter that the doctor ordered and they were willing to fix both of them; I guess I would say “ asLong as you give me something of the same value”
I realize my car is not a person but I can give you 1 million other instances to get my point across

What resolution to this screwed up (nightmare?) situation...are YOU looking for?

In other words, what do you think would be fair to you and what do you think the dealer should do...that would make you happy?

If the dealer has offered a similar mileage model as exchange...what else is it that you believe they should do?



And good luck on the medical issues. :)

[Marathon Man]

Some of you have great suggestions. Really some of you areso far off base . We Meticulously take care of a car. There is no way in heck I’m taking someone else’s problems never have never will. It’s nothing like having it stolen and our insurance company won’t touch it. The trade-in value is 26,000. The dealer negligently drops it off the lift thankfully not hurting anybody. Although I think OSHA would be very interested in it.
I don’t believe in litigation unless there is clear negligence and intended harm on anybody’s part .
For instance, if my father fell in the hospital and broke both hips because they did not assign the sitter that the doctor ordered and they were willing to fix both of them; I guess I would say “ asLong as you give me something of the same value”
I realize my car is not a person but I can give you 1 million other instances to get my point across

We all understand your feelings. But the arguments you are making will not impress the insurance companies or the dealer.

Your leverage here is that the dealer wants to make this go away quietly. I'm guessing that they don't want insurance involved because their insurance company may want to investigate, and who knows where that will go. Simply tell them that you want top book value, IN CASH, because your car was in excellent condition. Plus rental car reimbursement. Otherwise, you will let your insurance handle it.

[patfla06]

I sure wouldn’t get another car from them.

Accept high book value and go to another dealer.

[graciegirl]

We all understand your feelings. But the arguments you are making will not impress the insurance companies or the dealer.

Your leverage here is that the dealer wants to make this go away quietly. I'm guessing that they don't want insurance involved because their insurance company may want to investigate, and who knows where that will go. Simply tell them that you want top book value, IN CASH, because your car was in excellent condition. Plus rental car reimbursement. Otherwise, you will let your insurance handle it.

I agree with this post and similar ones. The OP is fixated on the fact that they took such good care of their car. Sometimes people throw the baby out with the bath water.

[perrjojo]

I see both sides of this discussion but here is the part that bothers me. The OP didn’t want a new car, didn’t want another car. They took their car to a dealer and trusted them to take care of it in a proper way. The Op had no expectation that the car would be totaled while in for service. Dropping a car off the lift was not only gross negligence but a terrible safety issue. The dealers insurance company needs to know about this issue.

[valuemkt]

I think you are letting your insurance company off the hook too easily .. You have an insurance agent to take you out of the middle of complex situations .. To take the pressure off, nearly all insurance policies have a 30 day rental .. So get a rental and get thee off to boston .. Spend 200-300 dollars and talk to an attorney that is used to dealing with negligence claims .. He / she will give you advice regarding the reasonableness of your claims .. and the likelihood of having legal fees included in whatever settlement you reach .. Given it's a 2015, you probably have collision / comprehensive .. it is BS that the insurance company and / or your agent wants to walk away . Collision and or Comprehensive should yield you a payment for your "totaled" vehicle .. After all this is done, find a new agent

[Rga20]

Applying the previous posters "reasonable man" approach, and I agree that a court would do just that, then the dealer's offer of a same year/model/mileage car is reasonable. I would, however, insist on a bumper to bumper extended warranty to guard against condition issues that may differ from the well maintained car that they ruined. This solution would cost the dealer almost nothing and give you some peace of mind. Just a thought.

[justjim]

OP, I understand your concern and predicament, however, none of us posting here can really totally understand because we are not “in your shoes”. We don’t know the medical problem and it’s signifance to the situation. Assuming it’s very serious (or you wouldn’t be traveling to Boston) I would give serious thought to a rental from the dealer and go about my medical trip and settle this financial situation when I returned. Otherwise, if that was out of the question, then negotiate a “best deal” for a new vehicle ASAP and take care of what has to be a priority - - taking care of your health and that of your loved ones. Best wishes and prayers as you deal with the situation.

[Jess1980]

It's apparent you are getting nowhere dealing with the dealership. Contrary to some opinions you can't force the dealership to report this to their insurance company.

Your insurance company doesn't have an option such as they have "no interest" in this matter. If you have physical damage coverage on the car and their is damage to the car that's covered they have to accept and handle the claim. Sounds like a poorly informed staff person in the agent's office is giving you the run around. Insist the claim gets reported to whatever insurance company insures your car. Most carriers pay book value and you pay any applicable deductible. Ultimately, your insurance company will pursue a return of their payment, and your deductible from the dealership or their insurer. Since there isn't any negligence on your part for the damage to your car, submitting a claim should not have any increase in your rates.

Forget the lawyer, consumer complaints, OSHA and all that other nonsense which will accomplish nothing. Get your insurance company on this ASAP and move on.

[EPutnam1863]

Name your car insurance company too.

I'm baffled the insurance company does not want to do anything.

One time an oil-changing place forgot to put the cap back on. I drove away, and the engine was subsequently damaged. They denied responsibility, and I made so much noise that the dealer gave in and covered the cost of repairs. Out insurance co refused to do anything, saying it was the fault of the dealer.

[EPutnam1863]

OP, I understand your concern and predicament, however, none of us posting here can really totally understand because we are not “in your shoes”. We don’t know the medical problem and it’s signifance to the situation. Assuming it’s very serious (or you wouldn’t be traveling to Boston) I would give serious thought to a rental from the dealer and go about my medical trip and settle this financial situation when I returned. Otherwise, if that was out of the question, then negotiate a “best deal” for a new vehicle ASAP and take care of what has to be a priority - - taking care of your health and that of your loved ones. Best wishes and prayers as you deal with the situation.

Good answer. Also I wonder why it is necessary for you to drive. Why not fly or take the train?

[Marathon Man]

OK. Some are speaking of negligence on the part of the dealer. There is no evidence of that in any post here. That sort of talk does not help the person with the problem.

He lost a car. He deserves recovery of his losses. He should stay focused on that.

[bagboy]

I think you are letting your insurance company off the hook too easily .. You have an insurance agent to take you out of the middle of complex situations .. To take the pressure off, nearly all insurance policies have a 30 day rental .. So get a rental and get thee off to boston .. Spend 200-300 dollars and talk to an attorney that is used to dealing with negligence claims .. He / she will give you advice regarding the reasonableness of your claims .. and the likelihood of having legal fees included in whatever settlement you reach .. Given it's a 2015, you probably have collision / comprehensive .. it is BS that the insurance company and / or your agent wants to walk away . Collision and or Comprehensive should yield you a payment for your "totaled" vehicle .. After all this is done, find a new agent

This is a very good post.

[New Englander]

I drive a Honda and use the same dealership. Service has always been great. I think you got a lousy or rookie mechanic. Sorry for your troubles.

[Jess1980]

OK. Some are speaking of negligence on the part of the dealer. There is no evidence of that in any post here. That sort of talk does not help the person with the problem.

He lost a car. He deserves recovery of his losses. He should stay focused on that.

You must be kidding. The car fell of the rack. That's not a normal occurrence. It's negligence per se!

[blueeagle65]

With all the law firms running commercials here I think one would be more than happy to represent you.

[EdFNJ]

With all the law firms running commercials here I think one would be more than happy to represent you.Nahhhh .... they are looking for personal injury cases worth big bucks.

[EdFNJ]

You must be kidding. The car fell of the rack. That's not a normal occurrence. It's negligence per se! Maybe it was just an accident per se? Just like car accidents these things are usually caused by someone's negligence (stupidity) but other than if personal injury is involved the usual result from either sides insurance company is a repair or if totaled replacement cost of the vehicle since there is no physical pain and suffering involved and "mental anguish" doesn't apply in a property damage case.

[Taltarzac725]

Find Laws, Legal Information, and Attorneys - FindLaw (https://www.findlaw.com/)

This looks like negligence by the car dealer's car service.

And for more information I would call the closest law library reference desk. Probably this is the U of Florida Levin Law Library. They are not allowed to give legal advice but could direct you to various sources. Contact Us - Levin College of Law Levin College of Law (https://www.law.ufl.edu/library/contact)

Research Assistance Policies for Visitors - Levin College of Law Levin College of Law (https://www.law.ufl.edu/library/using-the-library/visitors/research-assistance-policies-for-visitors)

If I were in your shoes I would look around until I found a lawyer I could trust. A lot of lawyers have chat lines where you can get an idea of what you are dealing with. These are often attached to their web-sites and/or Facebook pages.

[Chellybean]

If your Auto insurance Company is not stepping to the plate for you i would pick another insurance company period! AS For the dealership i would force the dealerships hand to have there insurance company to handle their neglect, accident etc... or what ever you want to call it and the insurance company for the dealership would want to make it go away asap.
I have had STATE FARM for 40 years and they take care of there good customers.
Call DEBBIE Thomas of Nathan Thomas state farm on 301;
phone number 352-748-5272 and get a new quote on coverage so you don't get short handed by your insurance company on a claim that may leave you in a huge disadvantage in the future. this is a sue happy state and i would be very careful in being covered properly. Debbie is a retired Underwriter for state farm and will be sure you are covered correctly.
Its always been Cost vs. exposure vs. coverage, you will sleep better at night.
I wish you well and good luck

[Jess1980]

You need to get your auto insurer to handle the loss. Sounds like you are getting the runaround from the agents staff person. You have a covered loss, assuming you have physical damages coverage, and they don't have an option of not wanting to be involved. Insist on talking to the actual agent, or contact whoever the actual insurer is direct. There is no excuse for not handling the claim.

Don't wast time filing consumer complaints or contacting lawyers. Lawyers are only interested in contingency fee cases involving personal injuries. There is no money for them in this type of claim and you would be lucky to get one to handle this on an hourly basis. Frankly, most of them would simply tell you to file a claim with your insurer.

Most insurers settle total losses based upon book value. You pay your deductible and they then seek recovery of all damages incurred, including your deductible from the adverse party.

You can't "force" the dealership to have their insurance company handle the loss, no more than somebody could force you to do the same.

It's not a loss where you are at fault so there should be no effect on your premiums.

Get it into the hands of your insurer ASAP and move on!

[Jess1980]

Find Laws, Legal Information, and Attorneys - FindLaw (https://www.findlaw.com/)

This looks like negligence by the car dealer's car service.

And for more information I would call the closest law library reference desk. Probably this is the U of Florida Levin Law Library. They are not allowed to give legal advice but could direct you to various sources. Contact Us - Levin College of Law Levin College of Law (https://www.law.ufl.edu/library/contact)

Research Assistance Policies for Visitors - Levin College of Law Levin College of Law (https://www.law.ufl.edu/library/using-the-library/visitors/research-assistance-policies-for-visitors)

If I were in your shoes I would look around until I found a lawyer I could trust. A lot of lawyers have chat lines where you can get an idea of what you are dealing with. These are often attached to their web-sites and/or Facebook pages.

No, don't waste you time trying to find a lawyer to handle this. Get your insurance company involved ASAP. First question a lawyer will ask is if you reported this to your insurance company and why aren'e they handling this for you.

Assuming you have physical damage coverage, this is a covered loss and they don't have the option of not wanting to get involved. Sounds like you are talking to an ill informed staff person. Talk to the actual agent directly or contact the insurance company directly and get this moving.

You'll have to pay any applicable deductible but you insurance company will seek reimbursement of all sums paid including your deductible from the adverse party.

A loss like this is one of the reasons you insure your car. You've paid the premiums now get them to work on your behalf to rapidly resolve this.

[perrjojo]

You must be kidding. The car fell of the rack. That's not a normal occurrence. It's negligence per se!
I agree. When driving a car there is a presumption that you could be involved in an accident. When getting ones car serviced I would never expect to it fall off the rack.

[My Post]

I read it as he was at his card dealer's house.

[600th Photo Sq]

As an ex employee with USAA Insurance Company this matter would have been settled by now. Contact your Insurance Company and have them deal with it.

[queasy27]

As an ex employee with USAA Insurance Company this matter would have been settled by now. Contact your Insurance Company and have them deal with it.

I agree. Were I the OP, at this point I'd be angrier at my insurance company than the auto shop.

[Gpsma]

With all the law firms running commercials here I think one would be more than happy to represent you.

Dan would be “Honored” to take your case.