Help!! Dealership Wrecked my Car

[Tina8045]

What is the name of your state?What is the name of your state? Texas

My car is a Chrysler 2.7. the engine failed at low mileage. Took to Dealership and Chrysler did not want to honor my warranty. 1 month later and lots of hardache and fighting they finally honored it and put a new engine in my car. The service tech at the dealership was driving it and wrecked it. Looks like it could be totaled and if not, than the repairs will not be trusted. What rights do I have and what can I do to handled this problem.

 

[BelizeBreeze]

And of course, you asked your insurance company to handle the matter right?

 

[LK.]

Your past car troubles are irrelevant to the fact that someone else drove it and someone else damaged it. Call your insurance company immediately and obtain a copy of the police report for the accident.

 

[Tina8045]

I did

Called Insurance company and they just made note of it and told me that if the Insurance companies of the ones involved did or would not do anything than give them a call back and they will.

Police report is not in as of today.

 

[JETX]

What rights do I have and what can I do to handled this problem.

Simple. You have the right to expect the dealership (or at fault driver) to repair your vehicle to its condition IMMEDIATELY prior to the accident. If they refuse, then simply turn the claim in on your uninsured motorist coverage.
Curious, EXACTLY what does the dealership say as to their obligation when you asked them.... hopefully in WRITING???

 

[Tina8045]

the dealer has not spoken with me concerning this matter since reporting to me that it happened. I have no information to go by. We are talking a 30,000.00 car that once it is repaired will not be worth a third of that and its only 5 months old.

 

[LK.]

>> the dealer has not spoken with me concerning this matter since reporting to me that it happened. I have no information to go by. We are talking a 30,000.00 car that once it is repaired will not be worth a third of that and its only 5 months old. <<

What basis do you have for this statement?

 

[JETX]

the dealer has not spoken with me concerning this matter since reporting to me that it happened.

Okay...... and why haven't you spoken with them???

I have no information to go by.

I would assume that could be easily remedied, huh??

We are talking a 30,000.00 car that once it is repaired will not be worth a third of that and its only 5 months old.

And where did you get that concept???
Presumably, you are trying to argue the concept of 'diminished value' due to the damage. However, that won't fly in Texas.... or many other states.
The Texas Supreme Court resolved that issue in 'American Manufacturers Mutual Insurance Company et. al. vs. Gary Schaefer'.
See: http://www.supreme.courts.state.tx.us/opinions/HTMLOpinionInfo.asp?OpinionID=2000287
and
http://www.abrn.com/abrn/article/articleDetail.jsp?id=88774

Also, per the Texas Dept of Insurance:
When an automobile is completely repaired to its pre-damage condition, there is sometimes a question of whether an insurer is obligated to pay the first party claimant for the diminished value of the automobile. A policyholder may claim that the automobile´s market value after complete repair is less than its market value before the damage. The policyholder then claims that the insurer is obligated to pay for the difference in market value, which is referred to as diminished value.

The standard Texas policy for private passenger automobiles, adopted by the Department under Texas Insurance Code Article 5.06, provides that an automobile insurer´s contractual liability for first party claims for a loss to a covered vehicle under Collision or Other Than Collision (Comprehensive) Coverage is the lesser of the following three options, less any applicable deductible:
1. Actual cash value of the stolen or damaged property;
2. Amount necessary to repair or replace the property with other of like kind and quality; or
3. Amount stated in the declarations of the policy.
See: http://www.tdi.state.tx.us/commish/bulletins/b-0027-0.html

Unless you have insurance coverage that provides for a higher declaration (very unlikely), you're SOL on any further compensation for the property damage.

 

[Tina8045]

OK.. now what

Ok.. the dearlership has totally refussed to speak with me. There insurance company and the other insurance has both refussed to take responsibility of the damage. I had to put this damage on my personnel insurance. My insurance did pay off my loan amount on the car. However, I have now found out that the driver that was driving my car (who worked for the dealership) is making claim to my insurance company for all medical costs and also making claim to my PIP Protection. This really disturbs me because I was no where near my car at the time of accident. It was clearly in the custody and contral of the Dealership. How can someone get away with this?

 

[JETX]

How can someone get away with this?

They can 'get away' with it if your insurance company accepts his claim. Contact your insurance company and make damn well sure that they know the facts about this... and that his driving was done without your permission or knowledge. In fact, since the dealer has denied any knowledge of this matter, you might just call the local PD and file an 'unauthorized use of vehicle' case.

 

[Tina8045]

The Dealership Knew

The Dealership did know that he was driving the car. They did not make me aware of it until the time that I was notified of the accident. My insurance company and my agent knows all the facts. They are the ones keeping me informed as to what is going on. I just don't see much that I can do about this and it just PPPSssssssssssssssss me off that things like this can happen.

I have spoken to an Attorney and they basically told me that I have a good case against the dealership but that it could be very time consuming and costly. Luckly the car was brand new and was able to be paid off in full.