GM employee crashes customers ZL1, refuses to pay

[Timpo]

http://www.camaro5.com/forums/showthread.php?t=333504

On Sunday, December 15, 2013, my prized 2012 Camaro ZL1 took its last breath at 4:47 pm. The car was at the dealer in Georgetown, DE for paint issues (under warranty). It had been locked in the service bay over the weekend. On Sunday afternoon, an employee of the dealership (service writer) entered the locked building, removed the keys to my car from the service department, and went on a joyride. The car was totaled when he lost control and sheared off a telephone pole.

The dealership informed my wife and I on Monday morning at 9:00 a.m. of our loss. Yes, they waited over 16 hours to tell us about our car. I am sure they discussed the incident with their attorneys prior to calling us.

It is now Friday, the car has been officially totaled by the insurance company, and the dealership is telling us it is not their problem. They even refuse to provide my wife and I (and our insurance company) with their insurance information.

I traded in my 2011 SS2 Camaro and sold my 1969 Camaro SS in pristine condition to buy the ZL1. I will never be able to afford another new ZL1, and basically I don't think I should have to be put in the position to have to buy a new one. We trusted the dealership to use vigilance while our car was in their possession. We can't even have charges pressed against their employee for theft because the car was not in OUR possession when stolen.

Something about this whole thing just doesn't seem right. What would you do if this was your baby?

 

[Aluminsx]

You should pull the box on the car which, I believe, will show what the car was doing (in terms of speed) prior to the impact. That will tell a lot about what the guy was doing. To add insult to injury I bet your insurance will have to pay for the telephone poll that was knocked down. Good luck and keep us updated.

Just noticed that you're from Canada. Is Canada as litigious as the United States?

 

[RSO 34]

The op is not the owner. He simply linked a thread in another forum.

What I find strange is that the owner is claiming he can't afford to buy a new one. Worst case scenario is his own insurance pays the loss and they file a subrogation claim against the dealer and the owner just buys a replacement. Who doesn't get coverage on a new car? He would get paid under either his collision or his theft provisions.

Edit: according to updated reports the owner's insurance and the dealer's insurance are working to resolve. The issue seems to be the owner wants a new car but his totaled car is a 2012. Does it suck to have you car "stolen" and wrecked during a service - absolutely. Is he entitled to a brand new car - absolutely not. It's a nice try under a PR/customer service angle but legally he is entitled only to the value of the car as of the date of the incident and that will be a used car value.

 

[shawn110975]

if this happened in America he would have a new car. if this happened to an NSX I think there would be 300 NSX's outside the acura dealership protesting, then news channels would pick it up etc. we would make them give him a new NSX LOL

 

[RSO 34]

if this happened in America he would have a new car. if this happened to an NSX I think there would be 300 NSX's outside the acura dealership protesting, then news channels would pick it up etc. we would make them give him a new NSX LOL

As I indicated, the op is NOT the owner.

The incident happened in Delaware at First State Chevrolet.

http://www.firststatechevy.com/

"Recently 1st State Chevrolet had an employee enter the dealership on Sunday December 15th and take a customer’s Camaro without authorization and subsequently totaled the customer’s car in an accident. Our business is closed on Sundays and was locked as is usual procedure. The employee acted on his own in this unfortunate event. This is an awful situation for both the customer and the dealership to deal with. We have been in contact with the customer and apologized for this situation at length. Both parties’ insurance companies are working to handle this claim in a satisfactory manner. Hopefully this situation will be settled in the very near future.

-Robert L. Hansen
President 1st State Chevrolet"

 

[gleibig]

...

Does it suck to have you car "stolen" and wrecked during a service - absolutely. Is he entitled to a brand new car - absolutely not. ... .

Unless he's insured with Liberty Mutual....:tongue:
http://www.carinsurance.com/Articles/better-car-replacement-insurance.aspx

 

[davidf]

Ok technically he's not due a new replacement but as a PR gesture it would be nice to see them offer him a new replacement.

The op is not the owner. He simply linked a thread in another forum.

What I find strange is that the owner is claiming he can't afford to buy a new one. Worst case scenario is his own insurance pays the loss and they file a subrogation claim against the dealer and the owner just buys a replacement. Who doesn't get coverage on a new car? He would get paid under either his collision or his theft provisions.

Edit: according to updated reports the owner's insurance and the dealer's insurance are working to resolve. The issue seems to be the owner wants a new car but his totaled car is a 2012. Does it suck to have you car "stolen" and wrecked during a service - absolutely. Is he entitled to a brand new car - absolutely not. It's a nice try under a PR/customer service angle but legally he is entitled only to the value of the car as of the date of the incident and that will be a used car value.

 

[Vanishing Point]

So much angst over a Government Motors Camaro, that is easily replaced. Sounds like the dealership is going to make amends.

 

[gleibig]

The man should consider himself lucky. Take the money and buy something else. I've ridden in my friends Camaro. Dreadful car.
Feels like you are sitting in one of these...

 

[RSO 34]

Sorry, no, I would find a lawyer who works for cheap, and I would sue them for years.
Make them go into legal retention with their emails, make them supply all kinds of documents.
I would sue that president directly too just to be a dick. And I would sue their insurance company, and the driver and the drivers insurance company.
Sue everyone, I would.

I love knee jerk reactions like this. Heck, it even keeps me in business.......

So you would sue everybody and what would you get? The replacement value of a used Camaro which is what the insurance company is going to pay anyway. Now, you will make your lawyer happy (although he is probably already a happy idiot since no real lawyer would take this case) since you will be paying your lawyer and, since you want to drag this out for years, your lawyer ultimately will receive more than you.

It's a car. Take the insurance and then switch to decaf.

 

[naaman]

I suppose the "right" thing to do is for the dealer to replace the car. The best PR/Customer service scenario I can see is either upgrading him to a 2012 Corvette, or a new ZL1 or Z28. Then, fire the service writer, or deduct from his pay the costs involved with making restitution for his shenanigans.

If I were the service writer and had such a lapse in judgement, I think I would consider myslef endentured (sp?) to the dealership until I had paid off the damages. Or, if I had the money, I'd buy the customer a new (or replacement of equal or greater value) car.

If I were the original poster of this story... I think I would have kept my '69, though... but that's just me.

 

[BrianB]

This dealership is 5 miles from my house. I've seen and herd all the angles. They even offered him a like mileage exact car. But since it had been in a accident he turned it down. Which in some ways is understandable. I think if they could fine a used with like mileage no previous accidents and he wouldn't take that then he is looking for something he doesn't deserve. The only other thing I'd try to get is the deductible money and any rental car costs incurred. I think he invested 60k in the wrong car anyway. I wonder if he'd ever test drive a NSX! : )

 

[nsxtasy]

GM employee crashes customers ZL1, refuses to pay

As noted in the story, the driver who crashed the car was an employee of the dealership, not of GM.

 

[Vega$ NSX]

My question is, does either the owner of the car or the dealership have any legal recourse as to the person who stole the car; either criminally or civilly? I don't see how that is that much different than grand theft auto. If the argument is that it isn't necessarily a theft because the perpetrator was an employee of the dealership, then shouldn't that only increase the culpability of the dealership?