OMG - Dealer Wrecked My '04

[Cruzrmm]

I would suggest that you get a couple of independant estimates for repair.
Kind of like seeing different doctors to get confirmation of a diagnosis.
Make sure that the estimates are from body repair experts familiar with aluminum body panels like the NSX or other high-end vehicles.
Is it possible that there is unseen damage to the suspension and frame rails?
Considering the cost of repairs and the depreciation factor from new, it is possible that the cost of repair is greater than an insurance company will approve.
A declaration of "Total Loss" is probably the only way to get a replacement NSX.

IMO- I think that your idea of a trade-in is also viable and reasonable, especially since you are willing to absorb the market depreciation from '04 new value. The Dealer can eat the diminished value caused by repairs on the trade-in / wreck. I also think that the Dealer should not profit from this unpleasant situation and should sell a new NSX "at cost". Of course you should pay delivery and destination charges. You should not have to pay for R&R of your mods.

I am sure that some day in the future (maybe distant future) that this will make an interesting story to tell.
This experience will also give you a better insight to the inner working of the Claims/Liability of Dealerships.
Your personal experience could potentially help someone else at a later date.
Best of luck to you.

 

[LJSB]

In case you did not know, RSO is a distinguished trial attorney. You just got a freebie. :biggrin:

 

[LJSB]

IMO- I think that your idea of a trade-in is also viable and reasonable, especially since you are willing to absorb the market depreciation from '04 new value.

Depreciation on a vehicle happens whether you wreck it or not, from the moment you buy it.

IMO, RSO has made the most sound response to this thread. His is based on knowledge and experience with the law.

What State did this occur in?

 

[RyanITV]

Cars are a horrid investments - as one of the unlucky few who paid sticker for a 2004 GTO then got $18k in trade for it three months later, I'm quite familiar with depreciation.

I understand and agree 100% with what he's saying - the dealer has no responsibility past the repair of the vehicle. All I'm saying is that I personally don't want a wrecked car (especially as I didn't do the wrecking). I'm ready, willing and quite able to take the hit on the equity and just get payoff in trade to get a new one, provided they take care of me and some accomodation is made to swap the gear over (as we already paid them to install it on the current car).

This wasn't meant to be a "what would you demand or try to get for free" thread - my question was "what would you do" - whether it was keep the a repaired car or some other solution. Personally, I'd rather not drag lawyers into it - the country is too litigious as it is and I'd like to think they'll take care of us as frequent customers.

I'm hoping that we can come to an amicable agreement where myself nor the dealer is out any funds, we once again have a "whole" untarnished car and (ideally) the tech keeps his job (as he's got 2 kids and is a great guy).

Ryan

 

[comquat1]

So did you talk to the dealer today about this at all? Weekend or not, someone from there should have been in contact with you with regards to some options they're considering.

 

[Pretegra]

I m sooooooooooooooooooooooo sorry to hear all about this accident!
If it was my car i would kill my self or kill them!!
I just hope that you get a new car out of this plus your loss time and stress!
Make sure that it will never happen again! Don't let other people drive your baby!!!!!

 

[RSO 34]

the country is too litigious as it is...

Not for me. :biggrin:

If they were willing to give you full value for a depreciated '04 with 6000 miles as a trade in on an '05 then that is a fair deal. You would not have the angst of knowing you are driving a car that has been repaired (although with new OEM parts there is no difference - I speak from experience after having the guru Joe Lomoriello from Vince's Auto Body make mine new again after 2 separate incidents). Your "equity" in the car is nothing more than the ACV minus the remaining loan payments, if any. That should be recouped with a recognized trade in value of a "mint" '04 with 6000 miles.

 

[RSO 34]

Don't let other people drive your baby!!!!!

That is an impractical if not impossible suggestion considering that dealer service departments often have to road test a car either to diagnose a problem or confirm a repair has been done correctly.

 

[NsXMas]

That is an impractical if not impossible suggestion considering that dealer service departments often have to road test a car either to diagnose a problem or confirm a repair has been done correctly.

In that case there is no way the tech would not be covered by the insurance, wouldn't you agree?

 

[RSO 34]

In case you did not know, RSO is a distinguished trial attorney.

As agreed upon, I have now released your family.

 

[RSO 34]

In that case there is no way the tech would not be covered by the insurance, wouldn't you agree?

The only way the tech is not covered by the general liability/garage policy of the dealership is if the dealership was crazy enough to be self-insured. My original concern was that the salesperson may have wrecked the car after picking it up as a favor for a "friend" which might result in an exclusion in the policy being triggered. However, after a dealer/repair shop has taken control of the vehicle as part of the business operation of that dealer/shop then liability shifts to that entity.

 

[foxy-abby]

Hey RSO 34 and pbassjo -- what is this, a mutual admiration society? Atleast you guys don't self-promote like Majestic Performance Inc. I'm just kidding. Wanted to bust your stones alittle. See you next weekend.
Jesse

 

[NRG]

Not sure if it helps...but can you report it to the Acura headquarter in Japan?

 

[LJSB]

Hey RSO 34 and pbassjo -- what is this, a mutual admiration society? Atleast you guys don't self-promote like Majestic Performance Inc. I'm just kidding. Wanted to bust your stones alittle. See you next weekend.
Jesse

I think you're swell too, but I'M NOT going to start shaving with you!

 

[steveny]

I'm ready, willing and quite able to take the hit on the equity and just get payoff in trade to get a new one, provided they take care of me and some accomodation is made to swap the gear over (as we already paid them to install it on the current car).

So offer to them the insurance check and your car for the high book value trade-in on a new 05. Be sure to make this offer after the dealer confirms that by the dealership fixing the car it will be back to new and as valuable as it was before the accident.

Dealer..."we will repair this car to it's original condition. No one will know the car from new"
You...."So the car will be worth the same as it was before the wreck"
Dealer...."yes"
You ....''and what amount would the be"
Dealer..." high book value"
You ....Fine that is what I will take to trade it in on a new 05"

Don't forget the time frame it will take to repair the car you will be making payments on a car which you can not drive for a couple of months. Not to mention the depreciation the car will take over those two months. Let the dealer do all the worrying.

This wasn't meant to be a "what would you demand or try to get for free" thread - my question was "what would you do" -

I would get a lawyer. Even if the dealership didn't know about the lawyer I would have my version of events on paper with an attorney just in case.

whether it was keep the a repaired car or some other solution.

I would not want the wrecked car either.

Personally, I'd rather not drag lawyers into it - the country is too litigious as it is and I'd like to think they'll take care of us as frequent customers.

Never hurts to have an attorney on standby.

I'm hoping that we can come to an amicable agreement where myself nor the dealer is out any funds, we once again have a "whole" untarnished car and (ideally) the tech keeps his job (as he's got 2 kids and is a great guy).

Ryan

Not possible. Someone is going to lose because someone is going to end up with a wrecked or has been wrecked 04 NSX. Make sure the dealer ends up with the car and the depreciation from the accident.

 

[LJSB]

Sorry Ryan, can't PM you back as you have that turned off and the system won't allow me to answer you.

 

[RyanITV]

Just updated my email address so I'd get notifications; that disabled PMs till I verified the new address. Should be fixed - try it now.

Ryan

 

[nsx300]

How come he is not covered? you should make the acura dealer buy you a new one, or at least buy it from you for a pristine price since the car was immaculate when they picked it up, get a attorney and sue them if they don't, cause the mechanic should be covered unless he was not working at the time..sorry to hear about the car..

 

[RyanITV]

I called today and spoke with my salesman... told him what I'd like is for them to get a new one, pay mine off (it's about even if i were to just trade it), put us in the new one with no cash out of pocket and at the same payments. The only "freebie" I asked for was them swapping the parts - my logic is that I already paid them to install them once, I shouldn't have to pay again on account of the accident.

We'll see what they say tomorrow...

Ryan

 

[Tantheman]

Damn, sorry Ryan, I agree with the majority that you should get a new 05 out of it with your new aftermarket parts as well.

Tan

 

[paladin]

I called today and spoke with my salesman... told him what I'd like is for them to get a new one, pay mine off (it's about even if i were to just trade it), put us in the new one with no cash out of pocket and at the same payments. The only "freebie" I asked for was them swapping the parts - my logic is that I already paid them to install them once, I shouldn't have to pay again on account of the accident.

We'll see what they say tomorrow...

Ryan

I'd say you're being more than generous with this case.
Unfortunately, restoring the car to its previous state cant restore its market value, no matter how well that car is fixed its value took a big hit. Since it is so new, getting into an 05 is probably the only course of action you'd want here

 

[Tep]

I called today and spoke with my salesman... told him what I'd like is for them to get a new one, pay mine off (it's about even if i were to just trade it), put us in the new one with no cash out of pocket and at the same payments. The only "freebie" I asked for was them swapping the parts - my logic is that I already paid them to install them once, I shouldn't have to pay again on account of the accident.

We'll see what they say tomorrow...

Ryan

I'd say everything you asked was feasible. Make sure you get only the one tech you trust to work on the part swap as part of the deal.

I guess there will still be downtime while you're waiting for the negotiations and for the new car to be found and shipped out to you, but hopefully they'll accept your terms and your hassles are almost gone (as long as you stay on top of them to get everything done in a timely fashion).

 

[MJK]

I called today and spoke with my salesman... told him what I'd like is for them to get a new one, pay mine off (it's about even if i were to just trade it), put us in the new one with no cash out of pocket and at the same payments. The only "freebie" I asked for was them swapping the parts - my logic is that I already paid them to install them once, I shouldn't have to pay again on account of the accident.

So you are willing to eat another year of payments b/c the dealer wrecked your car, and is not willing to be held accountable for it? You are a better man than me.

Personally, I'd rather not drag lawyers into it - the country is too litigious as it is and I'd like to think they'll take care of us as frequent customers.

I'm hoping that we can come to an amicable agreement where myself nor the dealer is out any funds, we once again have a "whole" untarnished car and (ideally) the tech keeps his job (as he's got 2 kids and is a great guy).

I can certainly understand your perspective, but would feel in your shoes that I was being taken advantage of. In this case a lawyer is someone protecting your rights that you can always call off. IMO the dealer is not acting rationally or fairly, and needs to know that you will stand up for your rights. This is the only thing that will allow you to get a fiar settlement (either with or without the legal system).

Someone is going to eat the various costs associated with this unfortunate series of events, and it sounds like the dealer thinks it will be you. They have the responsibility for the accident, insurance, and a significant history of making money off you. I think it should be them.

 

[steveny]

So you are willing to eat another year of payments b/c the dealer wrecked your car, and is not willing to be held accountable for it? You are a better man than me.

I agree. This is a push or be pushed situation in my book.

 

[ANYTIME]

I called today and spoke with my salesman... told him what I'd like is for them to get a new one, pay mine off (it's about even if i were to just trade it), put us in the new one with no cash out of pocket and at the same payments. The only "freebie" I asked for was them swapping the parts - my logic is that I already paid them to install them once, I shouldn't have to pay again on account of the accident.

We'll see what they say tomorrow...

Ryan

I certainly hopes this works out for you. I don't understand why you aren't talking directly with the general manager and or owner of the dealership. It's like your buying a car, with the salesman going to the GM asking if they'll do X for you and then getting back to you with the results.