Car stolen by the dealer! Mileage reimbursement

[moshinsk]

What is the name of your state? Maryland

Hi,
Last month my 5-month old, 10,000 mile Mazda3 car was stolen by someone who worked at the dealership. Basically I took the car for oil change and another problem, and one of the people there took the keys and drove off on my car. The guy was caught a week later with my car in his driveway. The dealership admitted full responsibility and are cooperating. They now completed all repairs on it, and will pay me for lost stuff from the inside of the car. They are actually VERY cooperative and apologetic.

My question is this:
In a week, this guy put on 1,100 miles on the car. They are willing to reimburse me 37.5 cents/mile, which they say is the "IRS rate". Considering that -- judging by the scatches and the fact that he put on all those miles in a week joyriding on it -- is it reasonable for me to ask for more as it was probably driven without any care for the engine? The insurance company may not agree to pay more, but the dealership is already paying me for lost property and rental out of their own pocket, and if I can come up with a reasonable figure, they might be cooperative with it..?

What do you think a good figure would be? It was basically a brand new car and now it feels very very used

Thanks so much for any help or advice!

-Dan

 

[moshinsk]

No suggestions? Is this in the wrong forum?

 

[JETX]

They are willing to reimburse me 37.5 cents/mile, which they say is the "IRS rate".

That is the IRS rate.
See: http://www.irs.gov/newsroom/article/0,,id=114320,00.html

is it reasonable for me to ask for more as it was probably driven without any care for the engine?

Unless you believe that the guy did something nefarious (like maybe loosen the timing chain), your concern of him making 'mechanical adjustments' to a vehicle that he was clearly driving as his own (it was parked in his DRIVEWAY!!) is unfounded..... and compensation expectation unreasonable.

The insurance company may not agree to pay more, but the dealership is already paying me for lost property and rental out of their own pocket, and if I can come up with a reasonable figure, they might be cooperative with it..?

Of course you can ask for some 'compensation', but don't be surprised when they laugh.

What do you think a good figure would be?

$100 gazillion!!!!

It was basically a brand new car and now it feels very very used

Lets see if I understand this.... you had a car for 19 weeks (five months, less one week) and put 8900 miles on it..... yet, you are now complaining that the car feels "very very used"??? Is that right???
Your own driving is 468 miles (average) per week..... At that rate, the 'extra' mileage' is minimal..... and will be 'made up' pretty quickly.

 

[azmother3]

I agree with JETX

 

[bdunham7]

JETX, et al.

I think you are all quite wrong. Did you ever hear the term 'drive it like you stole it'? If any of you doubt me, I'll pay you 75 cents a mile (double 'the IRS rate'!) to drive your car for a weekend and I guarantee when you get it back it will be JUNK! How many theft recovery vehicles have you seen or dealt with? I've seen a number and it ain't pretty. Theft recovery and repo vehicles bring similar values to rebuilt salvage at wholesale auctions and there's a reason. Those things are required to be listed on the title (branded) here in WI, and CarFax reports will show when/if a car has been reported stolen. This dramatically affects resale value. The car, in my expert opinion, has been severely devalued.

What 'repairs' are being done? If it wasn't abused, why the repairs?

I would insist on a new car, period. At least have an independent expert examine the car before you sign off on the deal.

 

[moshinsk]

I think you are all quite wrong. Did you ever hear the term 'drive it like you stole it'? If any of you doubt me, I'll pay you 75 cents a mile (double 'the IRS rate'!) to drive your car for a weekend and I guarantee when you get it back it will be JUNK! How many theft recovery vehicles have you seen or dealt with? I've seen a number and it ain't pretty. Theft recovery and repo vehicles bring similar values to rebuilt salvage at wholesale auctions and there's a reason. Those things are required to be listed on the title (branded) here in WI, and CarFax reports will show when/if a car has been reported stolen. This dramatically affects resale value. The car, in my expert opinion, has been severely devalued.

What 'repairs' are being done? If it wasn't abused, why the repairs?

I would insist on a new car, period. At least have an independent expert examine the car before you sign off on the deal.

That's exactly my thinking. I'm not sure what repairs are beind done, I will find out tomorrow when I go in to get my car and talk to the manager there.

Thanks for the advice on taking it to an independent mechanic, I will do that.

The car was damaged, scratched, very dirty and it should be pretty obvious to the dealership that it was driven "as stolen". I am sure they won't deny that. The question is coming up with a figure more reasonable than the IRS rate -- a rate used for tax deductions, why would it even begin to apply in the case of a stolen car???

 

[JETX]

That's exactly my thinking. I'm not sure what repairs are beind done, I will find out tomorrow when I go in to get my car and talk to the manager there.

Thanks for the advice on taking it to an independent mechanic, I will do that.

The car was damaged, scratched, very dirty and it should be pretty obvious to the dealership that it was driven "as stolen". I am sure they won't deny that. The question is coming up with a figure more reasonable than the IRS rate -- a rate used for tax deductions, why would it even begin to apply in the case of a stolen car???

That is a great emotion-filled story, and just as useless as the 'advice' by 'b-a-dunce'. However, since this is a LEGAL advice site, I will limit my response to that. You have no legal basis to support you claim for 'perceived' damages.

 

[bdunham7]

Jetx

Well, determining damages legally is simple, right? Have the car appraised by an expert. Have that expert determine what the value would have been otherwise. The damages would be the difference, right? The customer's perception is hard to quantify, but an expert appraisal isn't. I haven't seen it, but based just on the OPs description, I'd guestimate that difference as perhaps $5000.

If not, how would you determine damages? Better yet, if you were representing the insurance company and the plaintiff had the expert testify, what would you ask him/her and what would your arguement for other (lesser) damages to apply be?

Even better, present this 'emotion filled story' to the manufacturer's zone rep and ask them what the warranty is now for all the rattles, squeaks, transmission problems, clutch wear, oil consumption and other crap that is going to arise now.

What I'm trying to get across to the OP is that the rate of reimbursement isn't the issue. In fact, the OP should be wanting a new car. You can insult me all you like, but if it were me or anyone I knew and the dealer was in WI, a new car is what they would get. A small betterment charge might apply (they make insurance adjusters happy) but I'd bet I'd be able to convince the dealer to pay that too in addition to their deductible.

 

[JETX]

Well, determining damages legally is simple, right? Have the car appraised by an expert. Have that expert determine what the value would have been otherwise. The damages would be the difference, right?

I guess you are guessing again, since the writers own post says that he is being compensated for his provable damages and loss..... and he is only questioning the additional mileage 'damage'.

The customer's perception is hard to quantify, but an expert appraisal isn't. I haven't seen it, but based just on the OPs description, I'd guestimate that difference as perhaps $5000.

Do you tell fortunes also?? Or maybe foretell future lotto numbers?? Bet you are hell at the horse races, huh???
And where did you get the fact that an additional 1100 miles on a car is worth $5000.... over the $0.375 per mile already offered??

If not, how would you determine damages? Better yet, if you were representing the insurance company and the plaintiff had the expert testify, what would you ask him/her and what would your arguement for other (lesser) damages to apply be?

Simple, there aren't any additional damages.

Even better, present this 'emotion filled story' to the manufacturer's zone rep and ask them what the warranty is now for all the rattles, squeaks, transmission problems, clutch wear, oil consumption and other crap that is going to arise now.

Most of the educated 'folks' on this forum know that 'rattles, squeaks', etc. aren't covered under a warranty. And there is NOTHING in this post that would lead any logical person to believe that there are 'transmission problems, clutch wear (or even a clutch at all!), or additional oil consumption due to the unauthorized use of the vehicle.

What I'm trying to get across to the OP is that the rate of reimbursement isn't the issue. In fact, the OP should be wanting a new car.

Anbd what I am trying to explain to you is that this is a LEGAL website. As such, there is no LEGAL basis for the compensation that you are dreaming of.

You can insult me all you like, but if it were me or anyone I knew and the dealer was in WI, a new car is what they would get.

Simple to say, impossible to prove...... or believe.

A small betterment charge might apply (they make insurance adjusters happy) but I'd bet I'd be able to convince the dealer to pay that too in addition to their deductible.

You lose that bet.