Car Damaged on Dealer's Lot

[drigazio]

What is the name of your state (only U.S. law)? Minnesota
My car was at a local car dealer for repair. It was there a total of 13 days. The Service Manager told me it was taking a long time to get the necessary part because the manufacturer requires the dealer to follow a specific process and delivery could not be expedited. On day 9 there was a hail storm and my car sustained $3000 in damage. The dealer and the manufacturer's regional representative are disavowing any responsibility and refusing to pay for the damage or even my deductible and have gone so far to say that I brought my car to their location voluntarily so I am responsible for it being in harms way. I am of the mind that the car was on their lot on that particular day because it took 11 days to get the part.
I know this is a high level summary of events but based on these facts do I have a case worth pursuing? Thanks.What is the name of your state (only U.S. law)?

[KimInNY]

Originally Posted by drigazio

What is the name of your state (only U.S. law)? Minnesota
My car was at a local car dealer for repair. It was there for 13 days and the Service Manager told me it was taking a long time to get the necessary part because the manufacturer requires the deal to follow a specific process and delivery could not be expedited. On day 9 there was a hail storm and my car sustained $3000 in damage. The dealer and the manufacturer's regional representative are disavowing any responsibility and refusing to pay for the damage or even my deductible and have gone so far to say that I brought my car to their location voluntarily so I am responsible for it being in harms way. I am of the mind that the car was on their lot on that particular day because it took 11 days to get the part.
I know this is a high level summary of events but based on these facts do I have a case worth pursuing? Thanks.What is the name of your state (only U.S. law)?

would your car have had sustained the damage if it werent with the shop? They cant be expected to protect the car from weather damage. did you expect the car to be kept indoors while it was in the shop? during the bad weather did you try to get down there to somehow protect your car? ( cover it? ) When you found out it would take that long did you request the work stopped and the car returned? Did you try to see if anyone else could get the part any sooner, or try to verify it usually takes that long for that particular part?

finally, you brought it there, saw it wouldnt be kept indoors the time, and if the part was hard to get, it was hard to get. The shop has no liability in this matter.

[drigazio]

Originally Posted by KimInNY

would your car have had sustained the damage if it werent with the shop? They cant be expected to protect the car from weather damage. did you expect the car to be kept indoors while it was in the shop? during the bad weather did you try to get down there to somehow protect your car? ( cover it? ) When you found out it would take that long did you request the work stopped and the car returned? Did you try to see if anyone else could get the part any sooner, or try to verify it usually takes that long for that particular part?

finally, you brought it there, saw it wouldnt be kept indoors the time, and if the part was hard to get, it was hard to get. The shop has no liability in this matter.

I can't tell if you want answers to those questions or not. I'll answer the ones that seem like real questions and not the ones that appear to be rhetorical.

No it would not have been damaged if it weren't in the shop. It would have been at home in my garage as I was home at the time. I did not find out how long it would take to repair in advance. The explanation about the process was not made until after the car was repaired. I had no alternative sources of the part. The Service Manager admitted that the timeline was completely under the control of the manufacturer. Lastly, even if I had known it would have taken that long I could not retrieve the car. They tend not to run without an oil pump.

I am not disputing you answer, just trying to figure out if you are legitimately looking for more information.

[Zigner]

You have no case against the dealership. If you can find a court to accept jurisdiction, then you could try suing the entity responsible for the hail storm...

[KimInNY]

Originally Posted by drigazio

I can't tell if you want answers to those questions or not. I'll answer the ones that seem like real questions and not the ones that appear to be rhetorical.

No it would not have been damaged if it weren't in the shop. It would have been at home in my garage as I was home at the time. I did not find out how long it would take to repair in advance. The explanation about the process was not made until after the car was repaired. I had no alternative sources of the part. The Service Manager admitted that the timeline was completely under the control of the manufacturer. Lastly, even if I had known it would have taken that long I could not retrieve the car. They tend not to run without an oil pump.

I am not disputing you answer, just trying to figure out if you are legitimately looking for more information.

Well. thoes are good answers, none the less it is not on the liability for the shop. as the above answer confirms.

Sorry.

[fueledbymusic]

You know what? I have read in all those "fine" prints in those stupid work order slips that they give out when we leave a car.

These ALL says something like this: We are NOT responsible for any damage or loss that occurs to vehicles while left on primises (shops)

I knew someone who left a car to be worked on, and while her car was in the shop, someone stole it. She was NOT able to get any compensation for it from the shop

[ecmst12]

Unless the shop did something negligent to cause the damage, they are not responsible. And no, leaving your car outside on the lot is not negligent. A hailstorm is a freak of nature that's completely unpredictable. You can't even say for sure your car would have definitely been home in the garage when it happened, you could have been out somewhere and gotten caught in it. Either way, you can blame god, but you can't sue him/her.

[statefan]

File a claim with your insurance. Since it was an act of nature, they cannot raise your rates for filing a claim (unless they raise everyone's rates). Find someone in your area who does Paintless Dent Repair to save your car's paint and finish. I know there are plenty around, especially after hailstorms! You are still responsible for the deductible, although there are plenty who claim they can save it for you.