Would you still want it?
Ditto Above!
New car with everything that you had in it replaced. Their negligence, their problem. If this is the 5th car that has been stolen from them, then the dealership needs someone to make their lives so miserable that they will change the way they do business. This way future customers will not suffer the same as you.
One warning though... don't make it an obsession because then it is you who suffers. Life is too short for that.
New car with everything that you had in it replaced. Their negligence, their problem. If this is the 5th car that has been stolen from them, then the dealership needs someone to make their lives so miserable that they will change the way they do business. This way future customers will not suffer the same as you.
One warning though... don't make it an obsession because then it is you who suffers. Life is too short for that.
Rez90:
Are you suing the dealership for negligence? Contact a Lawyer dude, you have a SERIOUS case when you car is stolen from their lot and stripped when your key are in there drop box.
Are you suing the dealership for negligence? Contact a Lawyer dude, you have a SERIOUS case when you car is stolen from their lot and stripped when your key are in there drop box.
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From: Flemington, NJ
Do you say this from experience? or are you just telling me what you think?
the only reason i'm asking is because i've never sued anyone before and i don't want to make a fool of myself
the only reason i'm asking is because i've never sued anyone before and i don't want to make a fool of myself
GET A NEW ONE. even if they only put a few miles on it, if they did lets say 5 launches in your car it could have ruined your drive train. And I am sure they did not treat your car well. I would make that dealer buy you a new one. I am not rich, and I work for my car as well. Their is no way I would take it back. It could be ok today, but tomarrow it could have real bad issues If you don't, get somthing in writing that they will cover everything
Originally posted by Rez90
Do you say this from experience? or are you just telling me what you think?
the only reason i'm asking is because i've never sued anyone before and i don't want to make a fool of myself
Do you say this from experience? or are you just telling me what you think?
the only reason i'm asking is because i've never sued anyone before and i don't want to make a fool of myself
Were the keys still in the drop box or was the ignition pulled? If the keys were gone from the box and the police see no evidence of hot-wiring it's a pretty open and shut case.
Seriously call a lawyer tell him what went down and tell him you want every single dollar from the mods back PLUS punitive damages.
There is ABSOLUTELY no excuse or reason not to sue the **** right out of them, especially if this is the 5th or 6th stolen.
And don't forget to contact the local news. Most LOVE airing stories about people getting ripped off.
Rez90: Exact quote of what your dealing with:
Duty of Care:
"That as a result of this failure by the Defendant to act responsibly (i.e., breaching his duty), you, a loved one, or your property was indeed injured or harmed in some way. That is, you must show that your injury was caused and occurred as a result of the Defendant''s breach of duty.
They failed to take care of your car and were negligent in not ensuring that it was secure. They OWED you a duty of care and were negligent.
Call a Tort or Civil Litigator and explain the situation.....I guarantee you (if they didn't get their license out of a cereal box) that they'll tell you the dealer owed you a duty of care with respect to your car.
Duty of Care:
"That as a result of this failure by the Defendant to act responsibly (i.e., breaching his duty), you, a loved one, or your property was indeed injured or harmed in some way. That is, you must show that your injury was caused and occurred as a result of the Defendant''s breach of duty.
They failed to take care of your car and were negligent in not ensuring that it was secure. They OWED you a duty of care and were negligent.
Call a Tort or Civil Litigator and explain the situation.....I guarantee you (if they didn't get their license out of a cereal box) that they'll tell you the dealer owed you a duty of care with respect to your car.
Originally posted by Rez90
The Keys were taken with the car, there was no wiring or anything like that.
The Keys were taken with the car, there was no wiring or anything like that.
BTW if you can get together all the others who's cars were stolen from the dealership, then you have a mass tort / Class-Action law suit <drools>....and the settlements and damages from something like that are mois mois bueno...
If someone approached me with a case like this I'd be all over this (if I had my degree)....and if someone approached me with a case like this and 3-5 others who it happened to....I'd start to foam at the mouth, go into convulsions and immediatly go out and buy a porsche.
If you retain a lawyer and go after the dealership, your pimping honestly....
The damages and punitive damages for mental distress would be disgusting.
We live in a litigious society where many people have a sense of entitlement instead of a sense of personal responsibility.
I do not think this is the case with you and your car, and you should not be hesitant to get a lawyer.
You had a reasonable expectation that they would take care of your car and regardless of what the dealer's policies are or what you have been told, I think you are entitled to remedy.
Of course I am no lawyer.
I do not think this is the case with you and your car, and you should not be hesitant to get a lawyer.
You had a reasonable expectation that they would take care of your car and regardless of what the dealer's policies are or what you have been told, I think you are entitled to remedy.
Of course I am no lawyer.
Write up a concise description of the situation. Call a few law firms and ask if you can fax over the situation or if they have 5 mins to listen to what has happened and ask if you have a case. And let us know how it turns out.
As I _love_spool so eloquently put it, the dealership has an obligation to protect your property while its on their premises. Legally, they are responsible for its safety just as if someone left a car in your garage and it was stolen. As I sit here having flashbacks to my Business Law and Ethics class in college, its pretty clear that you have an open and shut case on your hands.
If it were I, this is what I would do.
I would make an appointment with the OWNER of the dealership. I would have a frank, buisness-like discussion with him. Let him know that he has a serious problem on his hands with security and most likely some employees running a side scam. Straight out, let the guy know what you want from him in order to make this go away. Ask him for a new car or new parts, or new warranty or whatever you think is fair. Start at the top and try to come an agreement...if you can't get what you want from the guy, don't threaten him with a lawsuit or a News special, just walk out.
Assuming your chit-chat didn't work out, I would gather all your EVIDENCE, including police reports and pictures and contact a lawyer. Find out what he/she thinks is the best route and then start perusing the matter through legal channels. There is no question that this is negligence on the part of the dealership so make them pay if they aren't going to help you out. I dont know what your relationship is like with your Insurance company or how they are handling this case, but it maybe they have Lawyers that will go to bat with your against the dealership -- they sure as hell arent going to want to pay for the repairs if they dont have to.
If it were I, this is what I would do.
I would make an appointment with the OWNER of the dealership. I would have a frank, buisness-like discussion with him. Let him know that he has a serious problem on his hands with security and most likely some employees running a side scam. Straight out, let the guy know what you want from him in order to make this go away. Ask him for a new car or new parts, or new warranty or whatever you think is fair. Start at the top and try to come an agreement...if you can't get what you want from the guy, don't threaten him with a lawsuit or a News special, just walk out.
Assuming your chit-chat didn't work out, I would gather all your EVIDENCE, including police reports and pictures and contact a lawyer. Find out what he/she thinks is the best route and then start perusing the matter through legal channels. There is no question that this is negligence on the part of the dealership so make them pay if they aren't going to help you out. I dont know what your relationship is like with your Insurance company or how they are handling this case, but it maybe they have Lawyers that will go to bat with your against the dealership -- they sure as hell arent going to want to pay for the repairs if they dont have to.
I would believe the issue at hand is an economic one. Take an insurance example. Suppose a brand new car is hit by a reckless driver and sustains frame damage. The car is repaired to its "original" state even though we know that straightening the bent frame will never make the repaired car the same dynamically as the original undamaged car. But that is the legal obligation of the repair.
I would think the legal remedy for damages in this case is restoring the car to the original "state" it was in when left at the dealer, including all parts and add ons. By repairing the car, the dealer theoretically has put the car back to the state before it was stolen. I don't know if there is a legal obligation for the dealer to provide a brand new car under this circumstance. Certainly with threats of bad publicity and poor JD Power survey, the dealer may be inclined to settle in your benefit.
The key issue here is the difference between the price of a new car with all the add ons and the price of the repaired cal with all the add ons. This would be the point of the negotiation with the dealer. The dealer obviously wants to give the minimum and the consumer desires the maximum. A lawyer definitely will be helpful in negotiating this matter, though you will have to weight the cost of the attorney in litigation. My guess is that not all the time will the plaintiff get the attorney fees paid by the defendant.
For example, a possible settlement offer may be for a new car with compensation for some but not all of the add ons.
Writing to/contacting MMNA might help too, because they might want good corporate press so the corporate may pick up the price difference in your case. This actually might be a good way to go about it, depending on the attitude of the new MMNA president.
Good luck. Feel free to ask any questions.
I would think the legal remedy for damages in this case is restoring the car to the original "state" it was in when left at the dealer, including all parts and add ons. By repairing the car, the dealer theoretically has put the car back to the state before it was stolen. I don't know if there is a legal obligation for the dealer to provide a brand new car under this circumstance. Certainly with threats of bad publicity and poor JD Power survey, the dealer may be inclined to settle in your benefit.
The key issue here is the difference between the price of a new car with all the add ons and the price of the repaired cal with all the add ons. This would be the point of the negotiation with the dealer. The dealer obviously wants to give the minimum and the consumer desires the maximum. A lawyer definitely will be helpful in negotiating this matter, though you will have to weight the cost of the attorney in litigation. My guess is that not all the time will the plaintiff get the attorney fees paid by the defendant.
For example, a possible settlement offer may be for a new car with compensation for some but not all of the add ons.
Writing to/contacting MMNA might help too, because they might want good corporate press so the corporate may pick up the price difference in your case. This actually might be a good way to go about it, depending on the attitude of the new MMNA president.
Good luck. Feel free to ask any questions.
Originally posted by Mister2zx3
It's tough here, for me learning how unimportant material possesions are in life and what is most important and what to be proud of may be of the most use here.
I'm sorry to hear about your car, but learning to appreciate the car, instead of being proud of it, that migt help take some sting off. If the cars frame and engine weren't messed with I wouldnt' worry about the car too much. Get the vehicle repaired, and enjoy it, and be thankful you weren't involved in a violent taking of the vehicle from you, resulting in any injury or death.
I know it isn't the most pleasant experience, been through it, but in my case police investigated me as the thief and it drug out insurance issues for months. But don't let it get under your skin too much, life is too short. When you get the car back, take it to the track and enjoy it and it will make it feel all better..
It's tough here, for me learning how unimportant material possesions are in life and what is most important and what to be proud of may be of the most use here.
I'm sorry to hear about your car, but learning to appreciate the car, instead of being proud of it, that migt help take some sting off. If the cars frame and engine weren't messed with I wouldnt' worry about the car too much. Get the vehicle repaired, and enjoy it, and be thankful you weren't involved in a violent taking of the vehicle from you, resulting in any injury or death.
I know it isn't the most pleasant experience, been through it, but in my case police investigated me as the thief and it drug out insurance issues for months. But don't let it get under your skin too much, life is too short. When you get the car back, take it to the track and enjoy it and it will make it feel all better..



