DEALERSHIP TOTALED MY CAR!!!

[cbrookre]

Indeed, so a lawyer would take that into account when calculating what he thinks is appropriate recompense.

And emotional distress is subjective. It might not be a big deal to you, but then again a lawyer isn't concerned with what other people feel, only what his client feels. Honestly, if this were my car I'd be very irate and a person's emotional state can carry a lot of weight when it comes to litigation.

I realize that I may be in the minority here, and maybe a little too old fashioned in some regards, but I am irate at different people at many times through the day and they do not owe me anything for it. Any political discussions would owe me a thousand dollars worth of anger and despair recompense at the least.

I realize that he is upset about what happened to his car, but we are not never guaranteed a life free of being upset. Whenever you take your car outside of the garage you are rolling the dice that something may happen. Hell, even sleep carries its own dangers. That which does not kill us will only make us stronger, does that ring with you at all?

I have personally been through terrible and upsetting situations far more severe than any car, and have never once thought of calling a lawyer seeking emotional monetary compensation, nor will I. Just not in my nature to look for gold at every opportunity, I prefer to earn what I get. Life is filled with millions of risks. If something happens that wrongs me I expect be compensated for things that I will need to replace, but I also expect to deal with the emotional parts as a resilient, rational thinking adult.

Again, this is all just my own personal thoughts and feelings, take them for what you will. Again, I hope that the OP gets everything worked out, and if they choose to call a lawyer then that is their choice. In the end it is only a car, a thing. There are far more important things that cannot be replaced to worry about.

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[Brando]

Like I said, unless his dad handed it down to him it's replaceable. I don't get too attached to inanimate objects. People, pets, certain things passed down in the family I can understand.

KBB is a bit rough, but unfortunately that's just what they use. The dealership will probably try to do some sort of good faith gesture to avoid bad publicity, it's just a matter of how much it's worth to them.

Word bro, I feel you. I don't get attached either. A few tours in Iraq taught me about what's important in my life.

But....

Neither one of us is him. So because he has a different perspective on his life, he's wrong? Who are either one of us to judge what's important in someone else's life? Walk a mile bro and feel those shoes.

I'm steeping off my soapbox. I know others will carry on.

 

[cbrookre]

... emotional distress (yes, being angry at the dealer qualifies as emotional distress) ...

This is where you really lost me

Again, this is incorrect. Dealership service departments have insurance that specifically covers accidents caused by their technicians. The money allocated to that insurance has ZERO to do with employee salary or any other cost. If it did then I as the owner would fire that financial manager. And no, they don't have piles of cash lying around...hence "insurance". Are you saying the OP shouldn't be compensated for his loss because the dealer is barely scraping by? That's laughable...

You are arguing against something that I did not say. That insurance is meant to replace what was lost, plus anything else that is associated (the emotional, lost time, etc.) if that is what is agreed to in the end. It would not cover the cost of a brand new car, or putting on upgrades. As much as the OP spent on the upgrades (and in putting those upgrades on) we all know that after market parts do not significantly increase the sell value, except if selling to the one right buyer. Anything beyond replacement of the vehicle that was lost (KBB value, or similar) would be out of pocket to the dealer.

 

[Evolvd]

I realize that I may be in the minority here, and maybe a little too old fashioned in some regards, but I am irate at different people at many times through the day and they do not owe me anything for it. Any political discussions would owe me a thousand dollars worth of anger and despair recompense at the least.

I realize that he is upset about what happened to his car, but we are not never guaranteed a life free of being upset. Whenever you take your car outside of the garage you are rolling the dice that something may happen. Hell, even sleep carries its own dangers. That which does not kill us will only make us stronger, does that ring with you at all?

I have personally been through terrible and upsetting situations far more severe than any car, and have never once thought of calling a lawyer seeking emotional monetary compensation, nor will I. Just not in my nature to look for gold at every opportunity, I prefer to earn what I get. Life is filled with millions of risks. If something happens that wrongs me I expect be compensated for things that I will need to replace, but I also expect to deal with the emotional parts as a resilient, rational thinking adult.

Again, this is all just my own personal thoughts and feelings, take them for what you will. Again, I hope that the OP gets everything worked out, and if they choose to call a lawyer then that is their choice. In the end it is only a car, a thing. There are far more important things that cannot be replaced to worry about.

As stated, it's not about what you feel you're entitled to or what you would claim is owed...

 

[Evolvd]

This is where you really lost me





You are arguing against something that I did not say. That insurance is meant to replace what was lost, plus anything else that is associated (the emotional, lost time, etc.) if that is what is agreed to in the end. It would not cover the cost of a brand new car, or putting on upgrades. As much as the OP spent on the upgrades (and in putting those upgrades on) we all know that after market parts do not significantly increase the sell value, except if selling to the one right buyer. Anything beyond replacement of the vehicle that was lost (KBB value, or similar) would be out of pocket to the dealer.

You're right, I wasn't arguing about modified parts or new car...so you're arguing about something I wasn't arguing about? LOL

 

[cbrookre]

Word bro, I feel you. I don't get attached either. A few tours in Iraq taught me about what's important in my life.

Thank you for your service! The fact that we are able to have this debate is a testament to those that have served.

 

[lucasszy]

More armchair legal here!

Best thing I could see happening, without months of legal proceedings, would be to get a new car with an equal loan balance that was left on the previous car; with the dealer paying off the old loan from insurance proceeds.

Sure, we can all talk about getting a new GT350R, but thats not going to happen. Hope this gets resolved for you.

Best of luck to the OP.

 

[cbrookre]

You're right, I wasn't arguing about modified parts or new car...so you're arguing about something I wasn't arguing about? LOL

Ha ha! I was speaking somewhat generally since there was discussion earlier about getting an equivalent '16/17 plus his mods installed on it, or something like that. Sorry for the confusion.

 

[Lowrider]

I work in commercial insurance and have plenty of experience with large dealerships (Ford and Otherwise).

I can't speak for AZ.... but this is typically covered under the dealers policy. They will likely have to pay a $500-$2500 ded and THEIR insurance will cover the rest. As for the diminished value and difference between ACV and a new mustang: like others have said, lawyer up if they aren't offering something you are satisfied with.

So when does GAP insurance come in case he had it?

 

[krahooligan]

Did they ever find what's wrong with the suspension? Sorry for your loss btw OP

 

[GT Pony]

I would work with the dealer see if they can get you a pre owned one in similar condition.
I mean it is a used car so getting a new one if possible is great but most of the time it won't happen.

Or if the OP can't get into a new 16 or 17 without any money out of his pocket, the least the dealership could do is sell him a brand new 16 or 17 for invoice so he doesn't have to cough up as much difference.

 

[thet33]

Or if the OP can't get into a new 16 or 17 without any money out of his pocket, the least the dealership could do is sell him a brand new 16 or 17 for invoice so he doesn't have to cough up as much difference.

Seriously. I feel like people are missing the point that he wouldn't be paying anything more than what is left on the car if the dealership hadn't wrecked his vehicle. This is 100% on them and he isn't at fault. They couple of guys acting like it's ok for him to be out a few grand blow my mind.

 

[lucasszy]

So when does GAP insurance come in case he had it?

GAP insurance is a scam... Hopefully everyone knows that!

 

[Quackfoo]

So when does GAP insurance come in case he had it?

GAP insurance covers the difference if insurance doesn't completely cover your loan. So if you owe $33k but insurance pays $28k, GAP will pay off the remainder of your loan. YOU will not get a dime, it just keeps you from owing money to the bank if you're upside down on the loan.

 

[Brando]

So when does GAP insurance come in case he had it?

He wasn't upside down on it. I thought he had said he only owed $25Kish.

Thank you for your service! The fact that we are able to have this debate is a testament to those that have served.

Thank you, sir. I appreciate your gratitude.

I'm glad this discussion has remained civil, mostly.

Did they ever find what's wrong with the suspension? Sorry for your loss btw OP

Low blow man, low blow.

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