blondee22

i have a 2008 C350 38,000m, it recently went in for steering column repair, while it was at dealership the right passenger side was smashed along with the window. The title WAS CLEAN, now it won't be and i don't want to deal with the car now. Will they trade out for comparable? do i need lawyer? Help or Suggestions????

megaoctane

I am sorry, but you have posted in the wrong forum.
This belongs under W204 i believe.

blondee22

i have a 2008 C350 38,000m, it recently went in for steering column repair, while it was at dealership the right passenger side was smashed along with the window. The title WAS CLEAN, now it won't be and i don't want to deal with the car now. Will they trade out for comparable? do i need lawyer? Help or Suggestions????

BenzManNy

Always good to seek legal advise. The dealer will try to be responsible for the cheaper option not exactly what you would like to get. Best of luck.

Sportstick

This event will have no effect on the title. If there is no third party secured interest from the purchase, the title was and still is "clean". Unless a car has been totaled and the title labeled for "salvage", damage from an accident is not recorded on a title. The repair may be traceable via CarFax.

Before you pick up the car, photograph it visibly inside the dealer's premises, possibly with the Service Advisor standing next to it. Have the repair order noted that the damage occurred while at the dealer and that the dealer will accept responsibility for the repair. Decide if you trust the dealer enough to allow them to have the damage repaired, or get estimates from a trusted repair facility. If you wish to allow them to repair the car and they agree, let the repair process go forward.

If you do not trust them to do the repair, you are not obligated to allow them to do so. Get estimates for repair and present them to the dealership just as you would to any private party after an accident. If you wish to pursue a diminution of value claim, discuss that with them based on evidence of the loss of value for a repaired car for a fully original car. Otherwise, this runs the same course as any accident where the car is repaired to the previous condition. We don't all get to have a new car after an accident.

If they repair the car or pay for the repair, but contest the diminution of value claim, do not sign any waivers when you pick up the car which indicate that you are fully satisfied. Acknowledge the repair to the physical damage but nothing further. The likely remaining disputed amount will be within the jurisdiction of small claims court. If they refuse to give you possession of your car after repair without signing a waiver for diminution of value, call the police to their location.

You may need an attorney if the dealership does not cooperate from the outset, as that amount would likely exceed the jurisdiction of small claims court. If they refuse to document the damage before you pick up the car, I would call the police to their location to file an accident report before you re-take possession.

My advice is not legal advice, and I am making no representations as an attorney. Good luck.

blondee22

it being listed on the carfax is mostly the problem. i don't want to have to deal with trying to trade it in with car fax issues that i didn't cause. My car was perfect and low miles and was on serviced at MB dealer to hold value and integrity of car. i have told them NOT to repair or order any parts until i spoke to attorney. My hopes are that they have something comparable to my car and trade it out...

w204_Generic

I would take pictures of the incident at the dealership with the service advisor possibly in the picture just like SportStick said.

After that, I would sue for loss of value because it will guaranteed go on the Carfax, unless they pay out of pocket and hide from the insurance company which I highly doubt.

blondee22

will do, thank you

ralawren

You may want to talk to the GM at the dealer. They probably have high deductibles and will pay for the repair themselves. Maybe there is a way he can keep the repair off carfax.

blondee22

I don't want a damaged car, it wasn't that way when I dropped it off, I want them to exchange it for something comparable. It's their fault not mine and I don't want to accept anything less then what it was when I brought in ...

terrencetong168

that's not gonna happen

edgalang

Hmmm...I don't see how this could be any different to a standard claim. Good luck regardless.

N_Jay

Just remember, if you accept a "comparable" car, it might not be as good as the one you have.


If the damage is all cosmetic, get it fixed.


Ask yourself, if you would have dumped the car if it was a parking lot accident?

spyked

How are you going to find an almost 7 year old car that you trust? Yours is probably the the safest bet in that regard. I'd keep yours and make them pay.

blondee22

So there are $3500 I'm damages, they've given me a loaner and it's getting fixed at MB certified shop. They said since a police report wasn't filed it won't be on carfax? I thought it was insurance claim that goes on carfax? Either way I'm not sure it will even have same value anymore even if parts are OEM...

blondee22

Should I ask for credited A&B services... Lord knows i will prob need those in the future

N_Jay

$3500 is almost nothing in terms of MB body services. (One door dent any bigger than Paintless removal is $1000)

Get a few freebees and drive happy.

squid23

Which insurance? It is not your regular vehicle insurance. The bill is picked up either by the dealership itself or by the dealership's business liability insurance which is not a vehicle insurance. It is very unlikely that this ends up anywhere where it can be seen. Unfortunately, for the new buyer.

blondee22

the guys insurance who hit my car in dealership lot...

blondee22

what would you suggest i ask for? A&B credited services?

fani_l

A complete B1 service cost me over $2k so try and go for it.

nycphotography

Just a word of caution...

The dealer might easily be able to say "We handled your car in a reasonable manner and with due diligence, and while it was reasonably parked and unattended, this person ran into it. This is not our problem. This is between you and him/her."

You always have the right to sue the dealership, but lawyers aren't free, and absent some clear evidence of negligence on the part of the dealer, you'd (probably) be wasting the lawyers time and your money.

If you are reasonable in your expectations of the dealership, they will likely go above and beyond. But understand they are doing so at their own discretion and hopefully real desire to do you proper, and that they (most likely) don't have to... as another party, not the dealership staff, ultimately damaged your car.

N_Jay

Was a dealer employee driving or another customer?

blondee22

Customer :/

N_Jay

So it was not their fault and they are handling it without cost to you?

Sounds like you already got a good deal.