[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]

Originally Posted by 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!

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]

Originally Posted by 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!

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.

[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]

Originally Posted by 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

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.