Dealership Totals Customer's Camaro ZL1, Owner And Dealer At War

[JT]

http://jalopnik.com/dealership-total...eal-1498804012

this has gone viral. hope the owner gets sorted out

[BLACKVE]

yuk, that's a hard one.

Really the guy driving the car should have to pay, he wasn't acting as a employee at time he took it for a joy ride.

[whitels1ss]

yuk, that's a hard one.

Really the guy driving the car should have to pay, he wasn't acting as a employee at time he took it for a joy ride.

Exactly. As you say, he was not acting as an employee and it was not a standard type of car theft either, the guy had keys.

Even in Australia if someone leaves the keys with a car and it is stolen the insurance company often will not pay out.

One of the reasons most workshops make customers to sign a "job sheet" with the standard "indemnity clause" saying that the vehicle is stored and driven at the customer's risk is to warn them that there can be no insurance in certain (unlikely) events.

I do feel sorry for these people but I can't imagine the dealer's insurance company paying out on this one

[XLR8 V8]

yuk, that's a hard one.

Really the guy driving the car should have to pay, he wasn't acting as a employee at time he took it for a joy ride.

You could argue that he was acting as an employee though. He didn't break into the dealership and steal the car, he used his company keys to enter the building to access the car. Being given keys to a business by your employer generally means that whenever you enter the premises using them you are doing so in your capacity as an employee of the business. If the dealership really believe that the guy wasn't acting as an employee at the time, then they should have had him charged with break enter and steal offences rather than just firing him.
Rather than the owner dealing with the dealership directly and being at a stalemate a month later, I don't understand why he hasn't just taken on a solicitor and sued the dealership. Let a magistrate sort it out one way or another. Once they receive the court paperwork they may just settle before it goes any further. If it goes to court and the judgement is that the dealer is responsible because he was acting as an employee, then they can give the owner a NEW replacement car and then sue the (ex) employee for the loss incurred.

[VYBerlinaV8]

In Australia the dealer would probably cover the loss through their insurance, who would then sue the employee in civil court for damages due to negligence.

[whitels1ss]

In Australia the dealer would probably cover the loss through their insurance.

I can't imagine the dealership having insurance to cover such an event.

[Wonky]

With the loss of custom they have no doubt experienced now and into the future through all the bad publicity they could have given him a brand new one!! Bad publicity goes a looooooooong way!!

[JT]

Exactly. As you say, he was not acting as an employee and it was not a standard type of car theft either, the guy had keys.

Even in Australia if someone leaves the keys with a car and it is stolen the insurance company often will not pay out.

One of the reasons most workshops make customers to sign a "job sheet" with the standard "indemnity clause" saying that the vehicle is stored and driven at the customer's risk is to warn them that there can be no insurance in certain (unlikely) events.

I do feel sorry for these people but I can't imagine the dealer's insurance company paying out on this one

so if a car is left at a dealership for servicing & someone breaks in & steals it with the keys, it's not covered? that sounds like utter bull***t to me!

[matthewfnorbert]

was offered a similar higher spec car plus $5k cash and 4k for dealer to get badges and wheels...

not a good situation, but a very satisfactory offer from the dealer in good time too... take it and run

[BLACKVE]

Just though about this again.

there should be 2 insurance company's involved and a lawyer

One the owner, why haven't they paid out and then claimed against other party.

The dealers, they would go for the driver

The driver would get a lawyer and say work should cover it.

did the owners have insurance??? or is us a bit different

[whitels1ss]

so if a car is left at a dealership for servicing & someone breaks in & steals it with the keys, it's not covered? that sounds like utter bull***t to me!

Nobody broke in Joe. That's where this is complicated, this guy had the keys to the workshop.

If somebody had broken in it would bave been covered as a burglary.
Not saying it's nice, I just know how insurance claims go.


Another common thing is if someone goes for a test drive with a salesman and when they switch drivers the other person drives off
with the car an steals it because the salesman got out and left the keys in the ignition, the dealer's insurance will not cover it.
Seen and heard of it a few times.
A dealer's composite insurance is limited.
Same as any private person can often find that they get insurance claims refused for certain events or things that happen.
It's in the fine print of the old terms and conditions.

[JT]

was offered a similar higher spec car plus $5k cash and 4k for dealer to get badges and wheels...

not a good situation, but a very satisfactory offer from the dealer in good time too... take it and run

not quite. had more miles than the original, no books & been in a prang. so not quite such a great offer if you ask me.

[matthewfnorbert]

not quite. had more miles than the original, no books & been in a prang. so not quite such a great offer if you ask me.

the other offer was nothing! and after that I imagine years of pain only to find the dealer did not have to pay and the employee was broke...

[SCiFiRE]

not quite. had more miles than the original, no books & been in a prang. so not quite such a great offer if you ask me.

Not to mention it apparently had all 4 tyres replaced with new, after 13,000 miles - not exactly a sign of a car that's been looked after.

[macca_779]

Not to mention it apparently had all 4 tyres replaced with new, after 13,000 miles - not exactly a sign of a car that's been looked after.

20000km's out of a set of tyres I'd call normal wear and tear. Much more and they would have to be junk hard tyres or you drive like a pussy

But in saying that. I still believe the owner deserves a new car