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Damage done by the dealer when in for repair

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bhittner

Junior Member
What is the name of your state? New York

Recently my fiance and I brought his Ford F-350 in to the dealer for repair on the air conditioning. Upon picking up the truck he discovered large scratches on the passenger side door, cab corner, and bed that were not there when he brought the truck in. We submitted an estimate for damages to be reimbursed since he is in auto body and wants the truck repaired at a facility he trusts. The dealership insists that we must have the truck repaired there (it is their policy) or go through our insurance if we want it fixed elsewhere.

Being in autobody my fiance says that the dealer cannot legally require us to fix the truck at their shop, that this is called leading. Do we have the legal right to have the truck fixed at a body shop of our shop and be reimbursed by the dealershp?
 


stephenk

Senior Member
Depends on how quick your fiance wants the money.

If he insists on going to his own body shop, the dealer can dispute the estimate and therefore nothing gets accomplished. Your fiance would then either have to pay for the repairs and then get reimbursed by the dealer or go through his own insurance company and let his carrier seek reimbursement from the dealer.

If it is just scratches to the paint, how much "trust" does he have to have in the body shop to get that fixed?
 

volvoxc70

Junior Member
Painting is an "Art"

New Hampshire

Examine your state laws regarding choosing a repair shop. As far as, painting, some members are probably not aware of the required preparation to properly paint a vehicle (clean off old wax, sanding, primer, base paint, and clearcoat, etc). Most new vehicles have clear coat (protects underlying paint, etc.) plus the predominant paint on the vehicle. A lot of shops will simply try to "buff" scratches, which typically require painting.

:eek:
 

JETX

Senior Member
volvoxc70 said:
Examine your state laws regarding choosing a repair shop. As far as, painting, some members are probably not aware of the required preparation to properly paint a vehicle (clean off old wax, sanding, primer, base paint, and clearcoat, etc). Most new vehicles have clear coat (protects underlying paint, etc.) plus the predominant paint on the vehicle. A lot of shops will simply try to "buff" scratches, which typically require painting.
And of course, NONE of that has anything to do with the LEGAL issue raised by the OP.
 

JETX

Senior Member
bhittner said:
Being in autobody my fiance says that the dealer cannot legally require us to fix the truck at their shop, that this is called leading.
Doesn't apply in this case. Since the party alleged to have done the damage can get the repairs done by themselves at less cost than elsewhere (as it is an internal cost), they can simply offer to do it themselves without any insurance claim at all.

Do we have the legal right to have the truck fixed at a body shop of our shop and be reimbursed by the dealershp?
Yes, and no. He has the 'right' to file an insurance claim and have the insurance impose THEIR restrictions on the work. Personally, I doubt that an insurance adjuster would prevent the dealer from doing the work and saving the costs of the claim.
 

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