OMG - Dealer Wrecked My '04

[RyanITV]

Thus far, the only one who tried to pass responsibility was the tech's manager.

Everyone else up at the dealership has been very accomodating and they all seem to be bending over backwards to try to make sure we get taken care of. We'll hopefully find out today what their plan is - if it looks like we're going to get shafted (doubtful), we'll pull in an attorney.

I've got no problem absorbing another year of payments; it's a trade-off. Like others said, it's not realistic to ask them to reimburse us for that. Putting us in a new one with the same monthly payment and with no cash out of pocket works fine for me. My big condition was a different color - my wife and I agree that having another blue/blue car would just be a reminder that our first one got wrecked.

I called the tech today to see how he was doing and holding up; he's been suspended for a couple of days. Like I said, hopefully he keeps his job. I'm going to request that he be the one to swap the parts on the car, as he's still the only one I trust working on it. Driving it is another matter, entirely.

Ryan

 

[RyanITV]

The GM just called and said he believes my insurance company would have to pay for the damages, and that once the car was fixed, they'd see about giving me a fair price in trade.

Calls to my insurance agent and attorney have been placed, I've given the dealership strict instructions not to move the car till I arrive. I'm going up to get this straightened out - too many different stories. Hell hath no fury like a pissed off NSX owner...

Ryan

 

[White92]

What A-holes. They say one thing and then turn around and do another. Statute of Frauds is great. Get EVERYTHING in writing. If they aren't willing to put it in writing, then their word means jack sh!t, which is exactly what is hitting the fan, like you said. Too bad you didn't get pictures before they hosed it off. It probably looked much worse.

 

[NsXMas]

Yea, what an arrogant dealership.

Just because the salesman treated you nice, and the tech did decent work, is no reason for you to have trusted the dealership with your NSX, since these guys don't have the power to serve you in circumstances such as this. They will not stand behind their customer service facade.

Too bad you don't have Basch or SOS closer to you, you could have avoided this headache.

Best of luck!!

 

[MJK]

That sucks, go get them!

This dealer is officially blackballed in my book - which one is it?

My Vote:
Step 1:
Park you NSX by thier service department entrance, get your keys back and lock a HUGE sign on the dash that says "This car was wrecked by the dealer while in for service. They refuse to accept responsibility for this even after my 4th purchase from this dealer. Think twice before spending your money here."

Step 2:
Get a bloodthirsty lawyer, and collect a new NSX.

Step 3:
Spend your money at other dealers from now on

 

[RyanITV]

That sucks, go get them!

This dealer is officially blackballed in my book - which one is it?

Price Acura in Dover, Delaware

Ryan

 

[White92]

The way this dealership seems to be doing business, I'm sure that site name has already been taken.

 

[NsXMas]

Price Acura in Dover, Delaware

I can see it now - www.PriceAcuraTrashedMyNSXandStillMadeMePayForTheOilChange.com

Ryan

Hope this makes you feel better:

 

[Zennsx]

Unfortunately, Insurance companies dont care about depreciation,Its really a shame.I guess you could try to sue for accelerated depreciation. Good Luck.

 

[gobble]

You can disagree all you want but the simple fact is that you are only entitled to get the car back in the condition it was in prior to the accident and that means by way of repair. If you wrecked it yourself your insurance company would not be obligated to buy you a brand new, no mileage NSX. If the car was totalled you would only get its book value as of the date of the accident which would take into consideration mileage, depreciation, etc. You would not get a settlement for a totalled USED car that would be the equivalent of the price of a new replacement.

It is no different for an accident involving a friend or a bailee. Negligence is negligence and the identity of the driver does not change the duties of an insurance carrier under an insurance policy. The only way you should get a new NSX out of this situation is if the dealer chose to do that as a matter of good will or customer relations but you certainly are not "entitled" to a replacement by a new NSX.

Any dealer who wants to keep a good name should replace the car with a new one and just charge the difference in values. End of story.

Off topic, but I've never looked closely at the 2004's and didn't realize they had such an ugly rear spoiler.

 

[NsXMas]

...Off topic, but I've never looked closely at the 2004's and didn't realize they had such an ugly rear spoiler.

LOL that's not the stock spoiler. It's an NSX-R spoiler.

 

[DocL]

I would link this thread to every automotive web site that discusses Acura's and warn people about this stealership.

 

[gobble]

I would threaten to go to the newspapers with the story. "Careless mechanic with exotic sports car totals it in the rain".

It happened here in Wisconsin several years ago. A lot attendant at an independent shop took a Porsche out for a joy ride and totalled it. It was a big news story and made a real bad name for the shop.

If their care about their reputation, this might persuade them to take better care of you.

 

[whealy]

You can disagree all you want but the simple fact is that you are only entitled to get the car back in the condition it was in prior to the accident and that means by way of repair. If you wrecked it yourself your insurance company would not be obligated to buy you a brand new, no mileage NSX. If the car was totalled you would only get its book value as of the date of the accident which would take into consideration mileage, depreciation, etc. You would not get a settlement for a totalled USED car that would be the equivalent of the price of a new replacement.

It is no different for an accident involving a friend or a bailee. Negligence is negligence and the identity of the driver does not change the duties of an insurance carrier under an insurance policy. The only way you should get a new NSX out of this situation is if the dealer chose to do that as a matter of good will or customer relations but you certainly are not "entitled" to a replacement by a new NSX.

Sorry, but I have to agree with RSO. I also agree that they have cut into the value of your car even after it is repaired. That's where you will need a lawyer to collect on those dollars. Even if they do the trade you mentioned, it won't be that different than if you had done the trade before the accident. Shop the pricing around with other dealers before the dealer puts a deal in front of you to make sure you know the dollars that they are sweeping off the table back into their pockets.

 

[sjones]

you should call the local news station to see if they have an interest in following the story on this. I bet some publicity to this would change that dealerships tune.

 

[mackash]

What a shame!

 

[gobble]

Well, the poop's getting ready to hit the fan. The GM just called and said my insurance company would have to pay for the damages, and that once the car was fixed, they'd see about giving me a fair price in trade.

Calls to my insurance agent and attorney have been placed, I've given the dealership strict instructions not to move the car till I arrive. Hell hath no fury like a pissed off NSX owner...

Ryan

Is your state one of those crazy no-fault states where someone can damage your car and just walk away from any responsibility?

 

[MJK]

Here is a quickie photoshop to illustrate my idea:

 

[steveny]

you should call the local news station to see if they have an interest in following the story on this. I bet some publicity to this would change that dealerships tune.

This would be a good idea.
The dealer took the time you allowed them and put their ducks in a row to Fukc you. I would not have given them 2 minutes to make a decision. I would have demanded an answer on the spot within one minute of them destroying MY property. If they could not make a decision on the spot it meant.."if we can get out of this without it costing us a dime then we will do the right thing, otherwise we will screw you if we have to pay out of pocket." Push or be pushed.

 

[gobble]

I'm sitting here in my office all pissed off and its not even my car.

 

[Tony Montoya]

I knew they wouldn't do squat for you. They are thinking: you have insurance, they fix the car and you are made whole. It's almost impossible to figure out the diminished value of your NSX once it's made whole again. Maybe the courts will give you 10K. Somebody is out 2-10k.

You can't force the dealer to buy the car from you for high retail.

I feel very sorry for you being in this situation. It sucks. Hopefully you are rich although even rich people don't like to lose thousands.

 

[NSX-Tuner]

Maybe you could make yourself a sign that says "This dealer crashed my car and won't take responsibility for it" and march back and forth in front of the dealer. Also, maybe you could get the local news interested in the story.

I'm wondering if the tech still has his job at the dealer.

 

[flaminio]

It's lawyer time. 'Twere me, I would not even talk to the dealership again. Any further communication would be handled by my attorney.

Personally, I think they owe you a new car.

 

[mackash]

You will soon find out how much your loyalty/business was worth to this Price Acura.

 

[drew]

How nice.

They have drawn the line in the sand.

They are counting on the fact that you do not have the resources to see it through court. And that you NEED a car.

Retain an attorney, start writing checks and determine which costs are recoverable. For example: if rental car costs are recoverable...then you are entitled to a "like vehicle" (gawd, what does an NSX rent for? $900/day?). I suspect that the actual attorney fees are not recoverable, but you need to reasonably make this the most expensive lesson in "failing to act like a real business."

At some point they may try to do a mechanic's lean on your car for storage and abandonment. You will need to have the car stored.

If you can financially see this through: then you are very likely to prevail. It is going to be a long and involved fight. Do NOT settle except for a favorable outcome....not a ~75 cents on the dollar sort of thing.

Get your source docs together, document dates+times and actions. See if you can get the GM to commit his position to paper....that would look great to a jury. Document conversations, get names and direct quotes. Commit your request in writing (with the help of your attorney, of course) and the wheels of "justice" will slowly grind away.

Again: they are counting on the fact you do not have the resources to push this thing through and that you will give in because you need a car. Don't give in, be persistant.


Good Luck,

Drew