DEALERSHIP TOTALED MY CAR!!!

[5LITERV8]

As far as I know the only person that looked at the car was the claims adjuster sent by the dealers insurance company. They gave a value of $30,600 which leaves me with little under $6k cash after the loan is payed out. The GM did mention that he is going to call the insurance tomorrow and see if what else they can do about the value given.

Yeah I hope everything works out as well.

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[Jay-rod427]

Most in this lengthy post are on the bandwagon of oh the terrible dealer ruined your life, is forever in debt to you, and a lawyer will save the day. NOT the case. This is literally no different than if OP was driving his car and someone at fault hit him. Insurance in any way shape or form is only going to pay the market value for it. In no reasonable situation is the extra aftermarket parts ever going to be covered. Period.

With that said the dealership knows they screwed the pooch, and if they want to try their best to reasonably make it right by helping out on a replacement car good on them. But absolutely not legally required to do anything more than the replacement value.

Tough situation and I know it sucks, but be realistic with your expectations.

 

[5LITERV8]

Most in this lengthy post are on the bandwagon of oh the terrible dealer ruined your life, is forever in debt to you, and a lawyer will save the day.

Well to be fair this really depends on what that police report shows. If the report comes back with something like excessive speeding, negligence or aggressive driving, then I would argue that the dealer is totally at fault and it wasn't just an accident. But lets say that the report shows it was just an accident like failure to stop or something like that, then I am totally lost on how you can total a car on a road with 25 mph speed limit? I guess it's possible but I just don't get it.

 

[Cobra Jet]

Most in this lengthy post are on the bandwagon of oh the terrible dealer ruined your life, is forever in debt to you, and a lawyer will save the day. NOT the case. This is literally no different than if OP was driving his car and someone at fault hit him. Insurance in any way shape or form is only going to pay the market value for it. In no reasonable situation is the extra aftermarket parts ever going to be covered. Period.

With that said the dealership knows they screwed the pooch, and if they want to try their best to reasonably make it right by helping out on a replacement car good on them. But absolutely not legally required to do anything more than the replacement value.

Tough situation and I know it sucks, but be realistic with your expectations.

In reference to the BOLD section only - 100% correct.

The ONLY way the insurance company WILL pay for aftermarket parts is IF:
You were paying additional coverage OR you and your adjuster added a specific clause in your policy that states you will be reimbursed fair market value OR stated value of aftermarket parts either up to their retail value OR only up to the Insurance Company's predetermined value (i.e.: $500, $1k, $5k, etc).

If the above does NOT exist in your policy - unfortunately you're SOL and that the way it is, period.

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The Insurance Company *MIGHT* (and out of courtesy only) reimburse you some or all of the value of your aftermarket parts IF you can provide valid retail receipts for said parts. In most instances the Ins. industry will not reimburse on "used" aftermarket parts when a receipt does not exist. Used meaning the vehicle owner bought the parts off of eBay, forums, Craigslist etc to save $$$ over retail.

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For those not in the know and who don't want to go through what the OP is going through with regards to the aftermarket parts:

You play the game if adding such parts and do not have any specific clause in your Policy addendum stating that there is an agreement between vehicle owner and Ins. Co. X. that aftermarket parts or upgrades to the vehicle over stock will be covered in the event of a loss Meaning, if you spent $1k or $15k on aftermarket parts and wrecked the car and were not covered for such - DO NOT EXPECT to be paid anything for those parts.

It sucks - but if you do not know your policy "fine print" or never cared to really read it - now is a good time to do so and KNOW what you are NOT covered for in the event of a loss.

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Never ASSUME "oh I'm fine, everything will be covered".... Never go on any verbal discussion between your Ins. Co. - always get it in writing if there is an Agreed Value on the car or it's add-ons.... I cannot stress that enough.

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Whenever a total loss occurs it's NOT "blue book" the Banks or Ins. Industry uses. They have what is called a Black Book and a Red Book. Those books determine ACV - sometimes referred to "Actual Cash Value" (or in other circles, "Actual CRASH Value"). These values are based on what the car can be resold for in the Insurance industry and/or in some instances what the car is worth for "scrap" to salvage facilities. This is FACT. Also in most states, a total loss is when the damage exceeds 74-75% of the value of the vehicle. If the damages are say 70%, they are going to (in most instances) repair the vehicle. Now some Ins. Co.'s can still make a decision at that % to total the vehicle depending on the cost to repair, rarity or availability of parts OR if once the body shop digs into the car for a repair order and finds more damages.

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If anyone on this site values their car - getting an Agreed Value policy is THE BEST insurance coverage to have, hands down. Agreed Value means exactly that - you and the Insurance Company agree that the insured item (automobile) is valued at X... That X can be $15k, $20k, $50k, etc. Whatever that agreed value is, the Insurance Co. will pay out that figure in the event of a total loss claim - no more and no less. Obviously your insurance premium cost more basked on the Agreed Value and how the vehicle is used, geographic location, etc... BUT it's well worth it AND you don't have to put up with the BS Ins. games when it comes to being settled fairly for a total loss claim. FACT.

For such a policy it is CLEARLY stated within the policy the actual Agreed Value. Don't think you have Agreed Value "just because" or "my agent said so"... If you do NOT see an actual agreed value in your policy statements, you're not insured properly - or if you are, then REQUEST it to be in black and white so it's documented.

Too many people think they're insured properly but find out the hard way when it's too late.

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To the OP:

1) I'd surely get an itemized statement together that includes the true vehicle value - not book values - the values meaning what that car cost retail, what you out down for deposit (if any) and what is still owed on the vehicle. Then get together the itemized list of mods and the value per mod. Also include ANY receipt you have for maintenance or repairs. Itemize it exactly as stated in an Excel file. Include scans of any receipts, your bill of sale when your purchased it, etc.

2) Produce #1 above to the Dealership Ins. Co. and YOUR Ins. Co.

3) Get the Police Report. That should contain the drivers statement as to what happened AND any witness from a vehicle or vehicles hit by the driver (or those who were not directly involved BUT did make a statement).

4) Let the Dealership know that 1) You have consulted with a Legal Team and 2) you will NOT settle or agree to ANY proposition made to you until YOU deem that the offer is fair AND you are made whole again.

5) Contact DEYSHA on here for Ford Service and let her know what has happened. Even though she deals with warranty issues - she may be able to put you in contact with Ford Corporate Rep. who will not only open a Case for you, but could also expedite the entire situation in your favor,

6) Have the vehicle towed to your residence (if possible) so that it cannot be tampered with... If that is not an option, that I would request the Dealership to store the car indoors to avoid any additional tampering.

7) If the Dealership is going to play games with you - politely mention you'll give them all of the PR and free advertising they could want, because you will contact all of your local News station Investigative Teams and have them at their front door to inquire why the Dealership is not properly remedying the situation, which was caused by the hands of their own Tech.

Trust me - follow the lead, you'll be made whole... And one more thing - by posting the Dealership Name, it will show up in Google searches.

 

[goldengooner]

Sorry i am really puzzled by this, maybe it works different in the US
The dealer took "your car" and smashed it up, end of
The car was left in their hands, they MUST replace the car like for like with all the added extras, or give you the money so you can go and buy a car and put the same extras on it
I cant see how the dealer can do anything else?
A lawyer would sue the balls off of them, also you must have TV programmes where you can name and shame them, as we do in the UK?
Also look at the stress this is causing you, and you are without a car. they should be paying you out for stress
As for the Police report, if it is found that the tech was speeding then he could be in serious dodo
Also over here now, there are speed cameras everywhere, at lights, along some streets, the police would have access to this info
They are 100% at fault, the car was in their safekeeping, its a cut and dried case? is it not?

 

[lemers]

Sorry i am really puzzled by this, maybe it works different in the US
The dealer took "your car" and smashed it up, end of
The car was left in their hands, they MUST replace the car like for like with all the added extras, or give you the money so you can go and buy a car and put the same extras on it
I cant see how the dealer can do anything else?
A lawyer would sue the balls off of them, also you must have TV programmes where you can name and shame them, as we do in the UK?
Also look at the stress this is causing you, and you are without a car. they should be paying you out for stress
As for the Police report, if it is found that the tech was speeding then he could be in serious dodo
Also over here now, there are speed cameras everywhere, at lights, along some streets, the police would have access to this info
They are 100% at fault, the car was in their safekeeping, its a cut and dried case? is it not?

Most people have been arguing over what the Dealer actually owes the car's owner.

Some people believe that the Dealer owes him a brand new car regardless of the fact that his car was a few years old.

This will play out like anything else. The Dealer is insured and that insurance will pay "book" value of the car according to its age.

The owner can make an itemized list of all the aftermarket parts that were lost and include that in the claim. That where the insurance may pay it or fight it.

I believe if the dealer was truly sorry about the lost of the customer's car and wants to make it right, in addition to the insurance settlement. The Dealer could offer a truly "at cost" replacement. i.e. If the customer wants a 2017, the dealer orders him one and sells it to him at cost minus dealer holdback.

 

[goldengooner]

Most people have been arguing over what the Dealer actually owes the car's owner.

Some people believe that the Dealer owes him a brand new car regardless of the fact that his car was a few years old.

This will play out like anything else. The Dealer is insured and that insurance will pay "book" value of the car according to its age.

The owner can make an itemized list of all the aftermarket parts that were lost and include that in the claim. That where the insurance may pay it or fight it.

I believe if the dealer was truly sorry about the lost of the customer's car and wants to make it right, in addition to the insurance settlement. The Dealer could offer a truly "at cost" replacement. i.e. If the customer wants a 2017, the dealer orders him one and sells it to him at cost minus dealer holdback.

So its 2 years old, still say its up to the dealer to replace the car with all these extras as like for like, and if he cant get a 2015 or a 16 then has to pay up for a 17. Also what about the issue of stress? worry? its all down to the dealer.
The customer should be able to go to the dealership and collect a car which was a clone of his one, if the dealer cant do that with a older car than he has to buy a new one and put on all the extras
The Dealer might be nice and friendly and truly sorry it happened, of course he is, he don't want bad publicity. Sorry for me the customer needs to lawyer up (as you lot say)
I would 1st of all tell the dealership that you will be taking it to the legal system, than if he dont play ball, hand it over to the lawyers to really make the dealer pay
Sorry, you have to be passive agreesive to get anything done these days. The poor companies we have over here, of course some people will feel that being nice gets you further.

 

[lemers]

So its 2 years old, still say its up to the dealer to replace the car with all these extras as like for like, and if he cant get a 2015 or a 16 then has to pay up for a 17. Also what about the issue of stress? worry? its all down to the dealer.
The customer should be able to go to the dealership and collect a car which was a clone of his one, if the dealer cant do that with a older car than he has to buy a new one and put on all the extras
The Dealer might be nice and friendly and truly sorry it happened, of course he is, he don't want bad publicity. Sorry for me the customer needs to lawyer up (as you lot say)
I would 1st of all tell the dealership that you will be taking it to the legal system, than if he dont play ball, hand it over to the lawyers to really make the dealer pay
Sorry, you have to be passive agreesive to get anything done these days. The poor companies we have over here, of course some people will feel that being nice gets you further.

The dealer is insured, they will give him cash for the vehicle not a car. I wouldn't want the dealer giving me a used car anyways. How do I know that it was as taken care of as mine. That's why the insurance company will give the owner cash. How much cash will be based on his claim to the insurance company. He will need to use that money to pay off his current loan. Then whatever is left use it as a down payment on a new car. That's were the dealer can really help him, if they offer to sell him a non-profit new car.

 

[kwpony]

Dealer said that he wants OP to leave with a smile on your face. Give him that chance.

 

[lemers]

I don't think that meant that the Dealer was on the hook for a new car.

I own a 2012 Chevy Traverse. If the dealer wrecks that car should I get a 2016 Traverse as a replacement?

 

[ScottsGT]

Along these lines, I see and read a lot about owners complaining that the insurance company is putting used parts on their cars. Sometimes owners forget they are driving a used car, even though they drove it off the lot new.

 

[5.0 Probie]

Looks folks. The answer has already been provided a few times.

And...

No two insurance companies are the same. Each one has what the Insurance Commissioners Office they report to's requirements, plus their own add on's or tweaks. Insurance is the same as anything else. You can call an animal a bird. But what type of bird and what does it do during its life cycle?

Not only that...

Each insurance company can offer different level of coverage options for the same coverage type!

Example...

Garage Keepers; There are two basic options available.
1. Legal Liability (The person with the loss has to sue the dealership, the dealership has to lose in court and then the insurance policy will pay)
2. Direct Primary (The policy pays like we all would "Assume". Right away at ACV for the vehicle and Replacement cost for personal property.


Can the OP get more than ACV for the vehicle? Kind of. The insurance company will take into account the condition of the car before the wreck. In this situation they will be willing to go to the high end of ACV instead of the low end. They will also add a little if say you could prove that new tires had been mounted or a major repair in the last 12 months. And the dealership may have coverage that the adjuster can take from to add a little more.

But in the real world, we all demand or insurance rates to stay low. The insurance companies have a responsibility to only pay what is just. Not what we demand when pissed off.

The insurance will pay what it pays. The dealership is going to have to find a way to be creative from their own profits to make this situation right for the OP. That is just reality. And ever single person is different. No two deals like this will be the same.

 

[goldengooner]

Along these lines, I see and read a lot about owners complaining that the insurance company is putting used parts on their cars. Sometimes owners forget they are driving a used car, even though they drove it off the lot new.

But this has zero to do with his insurance company, the car was at the dealers, he was not with the car, he was not driving it
Its up to the dealership insurance? why should his insurance even get involved?
Yes he has to tell them, then they freeze the insurance as he dont have a car. I cant see why, his insurance need to get involved, unless they have their own lawyers, which a lot do, you pay a bit more for their lawyer

 

[wireeater]

Here are some updates on my situation.

So I called my insurance Liberty Mutual again to see if there is anything they can do regarding my situation. They told me again, since the car was operated by the dealership there is nothing they can do. So no help from them.

After talking with Liberty Mutual I called US Bank again to see if they are willing to do a substitution of collateral on the loan. I spoke with one of the senior bankers there followed by a manager in their total loss department and they all told me the same thing. They don't do a substitution of collateral on a total loss. This really makes no sense to me. I was trying to argue with them that the MSRP on the new collateral is 45k which is way more than the value of the current collateral but it was hopeless.

So after being told NO by the insurance and the bank the GM called me today. He wanted to follow up on our previous conversation regarding his question on what value would I put on the new 2017 Mustang that is being built (order was placed on 08/10). I told him again that the value is $0 as he has to think about the value of all of my losses starting with the $13k for my trade-in. After going back and forth for a few minutes we came to some sort of a number he can work on. I told him that if he can make my financial situation the same as it was when I got my 2015 Mustang originally I would be happy with the outcome. I sent him a copy of my sales contact to see how much was the total amount financed and what my payment was. He told me that he is going to do everything possible to make these numbers work for me and again he said that he wants me to leave his dealership with a smile on my face.

The police report is not available yet as it can take up to 10 business days from the date of the accident so I will post that as soon as I have it.

Please tell me you have at least consulted with a lawyer at this point? If a dealer has taken this long to even to try and come up with some sort of "action" do you really think they are doing it for your best interest or theirs.

 

[Kennocha]

Please tell me you have at least consulted with a lawyer at this point? If a dealer has taken this long to even to try and come up with some sort of "action" do you really think they are doing it for your best interest or theirs.

I agree that a Lawyer is his best interest at this time however, I personally wouldn't involve one until I saw what the police report says, and assume most lawyers would want to see that as well to prove if it was an accident, vs negligence as they would make a big difference.

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