mwtillotson
Junior Member
What is the name of your state (only U.S. law)? -- Georgia
Hey FreeAdvice,
First time poster with open hands here. This is kind of lengthy, so I apologize in advanced. But I greatly appreciate anyone's time and input.
Late last year, I purchased my first motorcycle (brand new) from a dealership. Around March this year, my motorcycle was stolen. I did not have GAP insurance; instead, I had theft insurance and an additional protection agreement I signed at the dealership (which I'll refer to as the Protection Plan Agreement, or PPA). This post is about the PPA and how the dealership has failed on their part.
The PPA outlined that should my motorcycle become totaled (or stolen), I would receive a large discount on the purchase of a replacement motorcycle from the dealership. For me, this discount would be $3k. About two months after my first motorcycle was stolen, I returned to the dealership and purchased a replacement motorcycle. I worked very carefully with the dealership and even the folks from the PPA insurance company to ensure that I provided all needed documentation to receive my $3k discount (this was provided to the dealership, as instructed). Before finalizing my new purchase, I was told by my sales rep that there was a change in plan: I would not receive $3k off right now; instead, after the PPA insurance company reviewed my paperwork, I would receive a $3k check within a few months (by August of this year). I shouldn't have agreed to this, but this is a reputable dealership with great reviews (and I had good experiences prior to this). And, most importantly, I was dying to get back on two wheels. So, I relunctantly agreed.
By the end of August, I still had not received a reimbursement check. I decided to call the PPA insurance company to ask about the status of my claim. This is where the "uh oh" moment happened: the PPA rep informed me that not only was there no check coming my way, but that a claim didn't even exist in my name. I was informed that this situation made no sense to begin with, as PPA does not pay customers like myself and only interface with dealerships. She confirmed what I had originally thought: I should have been given $3k off when I purchased the motorcycle (and the dealership should have worked with PPA for their own reimbursement). So, not only did the dealership misunderstand the process, but they never even submitted my paperwork to the PPA company: they failed to follow the wrong process.
I got in contact with my original salesman and a sales manager from the dealership -- they acted surprised, saying that they expected me to receive the money. I was told they would look into this. After some additional prodding, the manager began contacting PPA to see if they would still provide the $3k reimbursement. This back-and-forth went on for a long time. About 50 texts have been exchanged between me and this manager to date. From what I can tell, it seems like they were actually reissuing another PPA insurance claim altogether (with a fake invoice given that the PPA timeframe for the original claim long ran out). I had no part in this and was not about to get involved in what seemed like insurance fraud to me. I was just hopeful they would figure out how to get me the money I deserve. The fact that they have gone to this length lets me know that they know who really messed up: they did (the dealership). But I didn't really care what they were doing on their end -- I just wanted my money. However, I was told recently that the PPA company rejected their claim. Well, then.
In my final attempt to work with these guys, I emailed the manager's manager with a description even longer than this. I told him that I should be given back $3k from my original purchase and that his dealership should work with PPA to get reimbursed, if possible -- as a customer, I shouldn't have to deal with this crap. I was told it'd take a couple of days to review, but it's going on a week already. I intend to send a stern followup, but I think I'm long overdue for some legal guidance (but I don't even know where to begin -- I'm very inexperienced with this kind of thing).
For those of you who read all of that, thank you. This crap is boring and annoying. I don't know what to do next, but I think I have a darn strong case here. Is this a matter for a small claims court? What kind of lawyer would I contact for this? Should I threaten the dealership with legal action beforehand (or just go ahead and do it)? Do I deserve more than $3k at this point given the trouble I've gone through (and the fact I am still paying for the remaining loan on the original bike at a deadly interest rate -- the $3k was supposed to finalize that loan)? I'd love to avoid legal action, but I think it is likely inevitable.
Thanks again.
Hey FreeAdvice,
First time poster with open hands here. This is kind of lengthy, so I apologize in advanced. But I greatly appreciate anyone's time and input.
Late last year, I purchased my first motorcycle (brand new) from a dealership. Around March this year, my motorcycle was stolen. I did not have GAP insurance; instead, I had theft insurance and an additional protection agreement I signed at the dealership (which I'll refer to as the Protection Plan Agreement, or PPA). This post is about the PPA and how the dealership has failed on their part.
The PPA outlined that should my motorcycle become totaled (or stolen), I would receive a large discount on the purchase of a replacement motorcycle from the dealership. For me, this discount would be $3k. About two months after my first motorcycle was stolen, I returned to the dealership and purchased a replacement motorcycle. I worked very carefully with the dealership and even the folks from the PPA insurance company to ensure that I provided all needed documentation to receive my $3k discount (this was provided to the dealership, as instructed). Before finalizing my new purchase, I was told by my sales rep that there was a change in plan: I would not receive $3k off right now; instead, after the PPA insurance company reviewed my paperwork, I would receive a $3k check within a few months (by August of this year). I shouldn't have agreed to this, but this is a reputable dealership with great reviews (and I had good experiences prior to this). And, most importantly, I was dying to get back on two wheels. So, I relunctantly agreed.
By the end of August, I still had not received a reimbursement check. I decided to call the PPA insurance company to ask about the status of my claim. This is where the "uh oh" moment happened: the PPA rep informed me that not only was there no check coming my way, but that a claim didn't even exist in my name. I was informed that this situation made no sense to begin with, as PPA does not pay customers like myself and only interface with dealerships. She confirmed what I had originally thought: I should have been given $3k off when I purchased the motorcycle (and the dealership should have worked with PPA for their own reimbursement). So, not only did the dealership misunderstand the process, but they never even submitted my paperwork to the PPA company: they failed to follow the wrong process.
I got in contact with my original salesman and a sales manager from the dealership -- they acted surprised, saying that they expected me to receive the money. I was told they would look into this. After some additional prodding, the manager began contacting PPA to see if they would still provide the $3k reimbursement. This back-and-forth went on for a long time. About 50 texts have been exchanged between me and this manager to date. From what I can tell, it seems like they were actually reissuing another PPA insurance claim altogether (with a fake invoice given that the PPA timeframe for the original claim long ran out). I had no part in this and was not about to get involved in what seemed like insurance fraud to me. I was just hopeful they would figure out how to get me the money I deserve. The fact that they have gone to this length lets me know that they know who really messed up: they did (the dealership). But I didn't really care what they were doing on their end -- I just wanted my money. However, I was told recently that the PPA company rejected their claim. Well, then.
In my final attempt to work with these guys, I emailed the manager's manager with a description even longer than this. I told him that I should be given back $3k from my original purchase and that his dealership should work with PPA to get reimbursed, if possible -- as a customer, I shouldn't have to deal with this crap. I was told it'd take a couple of days to review, but it's going on a week already. I intend to send a stern followup, but I think I'm long overdue for some legal guidance (but I don't even know where to begin -- I'm very inexperienced with this kind of thing).
For those of you who read all of that, thank you. This crap is boring and annoying. I don't know what to do next, but I think I have a darn strong case here. Is this a matter for a small claims court? What kind of lawyer would I contact for this? Should I threaten the dealership with legal action beforehand (or just go ahead and do it)? Do I deserve more than $3k at this point given the trouble I've gone through (and the fact I am still paying for the remaining loan on the original bike at a deadly interest rate -- the $3k was supposed to finalize that loan)? I'd love to avoid legal action, but I think it is likely inevitable.
Thanks again.