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Somebody damaged my car on purpose at the dealership
My car was in for all sort of rattles and other problems. I took it back today and found at least 10 spots that's been scratched or hit. Ironically, the service rep said "I told you the front bumper got some scratches when you dropped it off". That's BS. No records whatsoever from the initial inspection sheet I signed when I dropped it off. He was still BS this to me after he saw those paper.
So far, on my car, I have seen:
Deep scratches at front bumper, rear bumper, right side of the car, right side decal which can't be fixed.
Minor scratches but multiple spots on the left side of the car.
Front licence plate bended, plate holder broken: evidence of the car been hit from the front.
(I have not inspected the bottom of the car and sunroof - hopefully there isn't any damage).
I will take the car to the dealership tomorrow and discuss the damage in detail with them. I think it is fair to ask for some compensation considering this type of damage and all the hassle I am dealing now.
Attached pics are some major scratches - just get you a sense how they look like. Some other minor ones I didn't bother to upload. Also, I did not upload my damaged licence plate and holder. But it's all over the car, all sides...
Please advise me what to do. I am thinking to ask for compensation and submit the case to MBUSA. - I haven't done so yet coz I am not in a good mood and it's vise not to do anything recklessly.
The issue with small scratches is that a typical body shop repair would involve a little labor to fill and feather in the scratches, then repaint and clear each affected panel in its entirety. Generally you want to avoid disturbing big areas of factory paint if you can help it.
Most dealers have access to a mobile scratch repair service. They use it to handle scratches on their used cars to avoid big repaint jobs. The service can custom tint paint on site and after they've filled and blended a scratch it's virtually impossible to detect. They usually come by every couple of weeks and work on the cars right where they sit. I'd ask the dealer to handle the scratches as a goodwill gesture.
On the decal, that flat black can be touched up, or the section needs to be replaced. I'd try a touch up first. Worst case ask the dealer provide a replacement.
If the front has actually been hit I'd need to see the pics to suggest a repair.
In terms of liability, the dealer's only protection is that inspection report. The whole point of it is to rule out them getting blamed for preexisting damage. If they didn't catch it, they own it. I'm presuming you kept your signed copy?
The issue with small scratches is that a typical body shop repair would involve a little labor to fill and feather in the scratches, then repaint and clear each affected panel in its entirety. Generally you want to avoid disturbing big areas of factory paint if you can help it.
Most dealers have access to a mobile scratch repair service. They use it to handle scratches on their used cars to avoid big repaint jobs. The service can custom tint paint on site and after they've filled and blended a scratch it's virtually impossible to detect. They usually come by every couple of weeks and work on the cars right where they sit. I'd ask the dealer to handle the scratches as a goodwill gesture.
On the decal, that flat black can be touched up, or the section needs to be replaced. I'd try a touch up first. Worst case ask the dealer provide a replacement.
If the front has actually been hit I'd need to see the pics to suggest a repair.
In terms of liability, the dealer's only protection is that inspection report. The whole point of it is to rule out them getting blamed for preexisting damage. If they didn't catch it, they own it. I'm presuming you kept your signed copy?
Thanks for your reply Mike. Unfortunately I do not have a copy this time. They sent me last page for signature over the email, I signed it without looking any of the previous pages. But all previous pages are the concerns I have and reasons it was brought in. I will request the copy tomorrow.
I wrote an email to the service managers politely yesterday. I suggested to call police since I made my jugement that somebody hit my car on purpose.
And I took the car back to the dealership in the morning, waited half an hour, a different service manager (other than the one I spoke yesterday) met me and he wasn't particularly in a good mood. "I know your concern, you think we did it, let's call the police". Ok, then the police came and he wasn't suggesting anything but he said it could be me having these scratches before and nobody was paying attension to the damage, but I suddenly found it out after the service. Anyway, the police officer wasn't being helpful, and he didn't take the case. He said it's all between the dealership and me now.
The service manager said, "we are not going to fix all the issues because we didn't do it, you can take us to the civil court if you want". Well, at that time, I did't even want to ask for a compensation and I just wanted to get this fixed. Somehow, he later agreed to fix most of it, however, i don't know to what degree. He specifically said he's not going to repaint those - even it's very deep and won't get fixed without repainting.
Another point, the service advisor who claimed he informed me the scrathes when I dropped off the car, now is saying he did not have a complete walk around. And the service manager and advisor made a decision not to give me a copy of the walkaround inspection sheet - coz I didn't sign it - I didn't even have a chance to see the page. Ok I did not take a walk around with SA when I dropped it off. Are they liable for the damages if they didn't take a walk around? I thought the walk around was there to protect them from getting into the situation for pre-existing damages.
Without the walk around paperwork, does it put me in a disadvantage that I don't have a prove of whether or not these happened at the dealership? Or does it make the dealership liable for the damages?
I called MBUSA, the rep told me it's on me and the dealership...not their business. He told me he got everything written down, as soon as I said thank you, the rep hang up my phone.
Anyway, I will bring the car to the dealership next Thursday. - they told me the appointment is set for Thursday - so at least it's a good news.
Second closest dealership to me is 2 hours away. But I will try to avoid this dealership now. This is not the first time I am having issues that somebody scratches the paint - but only this time someone did it on purpose and I am pretty sure about that.
Side story, they put 80 miles on my car during the past week, but most of the rattles I asked to fix were still there. I have been giving them full score survey all the time. It depends on how well they are resolving the case now. I have lost my hope there. All my friends have a negative review on them. I had a friend picking up my new C43 at this dealership and his car got tons of scratches from the car wash - that was Novemeber 2016. Now the service manager told me the scratches from the car wash was "Bull shxt" - he thought we all tried to get free paint work.
Lessons learned: do a walk around at drop off and pick up!!!
Last edited by arnold0523; 03-10-2017 at 03:22 PM.
Yea, telling him to call the police is always the polite thing to do.
How are you "sure" it was done intentionally?
The damages are on all sides of the car.
Front licence plate and the holder are broken - 2 possibilities: someone drove my car rearended or somebody backed up and hit my car. Either way, it wouldn't cause all other scrathes here and there on all four sides.
Yeah, not sure about the police either, since it was negligence vs vandalism (vandals don't make random scratches all over the car). The dealership seems both hostile and conciliatory.
Liability is still an issue. The inspection report isn't definitive either way, which I think helps you, since they failed to follow their own procedure by essentially not getting one, and if they got one, by not getting it signed. It's their only CYA. That doesn't prove they caused the damage, but it certainly eliminates their best defense.
I'd actually let them attempt a half-assed repair, because a small claims judge would see that as a tacit admission of liability. ("If you deny liability why in the world would you fix the damage at all?").
The next step is a little painful. Pay a body shop to do the correct repair. It's important that you actually incur the expense vs just showing an estimate. Again, a judge typically gives greater weight to a claim where you actually took the potential loss in order to get the job done right. It kills the dealers defense that the damage was preexisting. Nobody all at once decides to pay to fix a bunch of accumulated incidental damage to try to blame it on someone else on the off chance they'll get reimbursed.
With the paid bill attached, you'd send a letter to the GM requesting reimbursement, along the lines of "While I appreciate your attempts to repair the damage the vehicle sustained while in your custody, regrettably those repairs were insufficient. As a result it was necessary, in order to preserve the value of the car, to have the repairs completed by a Mercedes Benz Certified shop." (There will be at least one certified independent shop in your market. Using one kills the defense that the shop was hostile to the dealer and trying to gouge you for unnecessary work.)
"Enclosed please find a paid invoice in the amount of $xxxx.xx. I'll pend my file 30 days from your receipt of this correspondence for your remittal". (Send the letter Certified: Return Receipt Requested so you have proof of the date the letter was delivered.)
Wait the 30 days for either the check, a refusal, or no response. If there's a next step, it's another letter to the effect of;
"Regrettably it has become necessary to litigate this matter. As you're aware, we contend the damage to our vehicle occurred due to your negligence while the car was in your custody. Given that your shop inexplicably failed to follow its own procedures for identifying preexisting damage, and your subsequent attempt to repair the damage yourself, liability would appear clear.
Should we litigate, it will be necessary to subpoena your employees to appear, as well as to obtain all of your records and documentation of the service visit, including the inspection report. Additionally, should we prevail we'll need to seek court costs plus interest in addition to the repair bill.
We would like to resolve the matter amicably, but that will require payment in full for the repairs. We'll pend our file 14 days for your response."
Next, you'd have to file in small claims. If it comes to that I'll give you some idea of how that works and what to expect.
In my case, the demand letter and paid bill to the GM resulted in a check (along with a nasty handwritten note telling me to never bring the car there again, as if that was a possibility).
Yeah, not sure about the police either, since it was negligence vs vandalism (vandals don't make random scratches all over the car). The dealership seems both hostile and conciliatory.
Liability is still an issue. The inspection report isn't definitive either way, which I think helps you, since they failed to follow their own procedure by essentially not getting one, and if they got one, by not getting it signed. It's their only CYA. That doesn't prove they caused the damage, but it certainly eliminates their best defense.
I'd actually let them attempt a half-assed repair, because a small claims judge would see that as a tacit admission of liability. ("If you deny liability why in the world would you fix the damage at all?").
The next step is a little painful. Pay a body shop to do the correct repair. It's important that you actually incur the expense vs just showing an estimate. Again, a judge typically gives greater weight to a claim where you actually took the potential loss in order to get the job done right. It kills the dealers defense that the damage was preexisting. Nobody all at once decides to pay to fix a bunch of accumulated incidental damage to try to blame it on someone else on the off chance they'll get reimbursed.
With the paid bill attached, you'd send a letter to the GM requesting reimbursement, along the lines of "While I appreciate your attempts to repair the damage the vehicle sustained while in your custody, regrettably those repairs were insufficient. As a result it was necessary, in order to preserve the value of the car, to have the repairs completed by a Mercedes Benz Certified shop." (There will be at least one certified independent shop in your market. Using one kills the defense that the shop was hostile to the dealer and trying to gouge you for unnecessary work.)
"Enclosed please find a paid invoice in the amount of $xxxx.xx. I'll pend my file 30 days from your receipt of this correspondence for your remittal". (Send the letter Certified: Return Receipt Requested so you have proof of the date the letter was delivered.)
Wait the 30 days for either the check, a refusal, or no response. If there's a next step, it's another letter to the effect of;
"Regrettably it has become necessary to litigate this matter. As you're aware, we contend the damage to our vehicle occurred due to your negligence while the car was in your custody. Given that your shop inexplicably failed to follow its own procedures for identifying preexisting damage, and your subsequent attempt to repair the damage yourself, liability would appear clear.
Should we litigate, it will be necessary to subpoena your employees to appear, as well as to obtain all of your records and documentation of the service visit, including the inspection report. Additionally, should we prevail we'll need to seek court costs plus interest in addition to the repair bill.
We would like to resolve the matter amicably, but that will require payment in full for the repairs. We'll pend our file 14 days for your response."
Next, you'd have to file in small claims. If it comes to that I'll give you some idea of how that works and what to expect.
In my case, the demand letter and paid bill to the GM resulted in a check (along with a nasty handwritten note telling me to never bring the car there again, as if that was a possibility).
Thanks Peter. I'm glad that ten years as an adjuster was good for something beside the ulcer.
Additionally, the OP would subpoena every condition inspection report they ever did on the car. I'm presuming no body damage was ever reflected on any of them. Hard for them to argue pre-existing with a documented trail of flawless inspection reports right up to the last visit.
Or, a trail of unsigned inspection reports, indicating how cavalier they are about it all. Either way they're boxed in.
Yeah, not sure about the police either, since it was negligence vs vandalism (vandals don't make random scratches all over the car). The dealership seems both hostile and conciliatory.
Liability is still an issue. The inspection report isn't definitive either way, which I think helps you, since they failed to follow their own procedure by essentially not getting one, and if they got one, by not getting it signed. It's their only CYA. That doesn't prove they caused the damage, but it certainly eliminates their best defense.
I'd actually let them attempt a half-assed repair, because a small claims judge would see that as a tacit admission of liability. ("If you deny liability why in the world would you fix the damage at all?").
The next step is a little painful. Pay a body shop to do the correct repair. It's important that you actually incur the expense vs just showing an estimate. Again, a judge typically gives greater weight to a claim where you actually took the potential loss in order to get the job done right. It kills the dealers defense that the damage was preexisting. Nobody all at once decides to pay to fix a bunch of accumulated incidental damage to try to blame it on someone else on the off chance they'll get reimbursed.
With the paid bill attached, you'd send a letter to the GM requesting reimbursement, along the lines of "While I appreciate your attempts to repair the damage the vehicle sustained while in your custody, regrettably those repairs were insufficient. As a result it was necessary, in order to preserve the value of the car, to have the repairs completed by a Mercedes Benz Certified shop." (There will be at least one certified independent shop in your market. Using one kills the defense that the shop was hostile to the dealer and trying to gouge you for unnecessary work.)
"Enclosed please find a paid invoice in the amount of $xxxx.xx. I'll pend my file 30 days from your receipt of this correspondence for your remittal". (Send the letter Certified: Return Receipt Requested so you have proof of the date the letter was delivered.)
Wait the 30 days for either the check, a refusal, or no response. If there's a next step, it's another letter to the effect of;
"Regrettably it has become necessary to litigate this matter. As you're aware, we contend the damage to our vehicle occurred due to your negligence while the car was in your custody. Given that your shop inexplicably failed to follow its own procedures for identifying preexisting damage, and your subsequent attempt to repair the damage yourself, liability would appear clear.
Should we litigate, it will be necessary to subpoena your employees to appear, as well as to obtain all of your records and documentation of the service visit, including the inspection report. Additionally, should we prevail we'll need to seek court costs plus interest in addition to the repair bill.
We would like to resolve the matter amicably, but that will require payment in full for the repairs. We'll pend our file 14 days for your response."
Next, you'd have to file in small claims. If it comes to that I'll give you some idea of how that works and what to expect.
In my case, the demand letter and paid bill to the GM resulted in a check (along with a nasty handwritten note telling me to never bring the car there again, as if that was a possibility).
WOW! That's extremely helpful! I will bring it in for them to fix, and if everything goes well, I hope no further actions are necessary.
WOW! That's extremely helpful! I will bring it in for them to fix, and if everything goes well, I hope no further actions are necessary.
Yeah, they may surprise you. Anything they try to half *** (other than a touch up stick) will likely make the damage worse, which may induce them to just eat the full, proper repair. How many previous service visits for this car at that dealer?
Yeah, they may surprise you. Anything they try to half *** (other than a touch up stick) will likely make the damage worse, which may induce them to just eat the full, proper repair. How many previous service visits for this car at that dealer?
3 times in total for this car, 1st time was just tire installation. Last time, Jan 9th. It's still a brand new car with 2,800 miles.
Great, so a brand new car and two previous visits and zero damage reflected on the intake for either one. The last one two months ago. They're in a tough spot as far as defenses. The burden of proof would be on you as a plaintiff but the standard in civil is a preponderance of the evidence, and the evidence all leans your way.
Great, so a brand new car and two previous visits and zero damage reflected on the intake for either one. The last one two months ago. They're in a tough spot as far as defenses. The burden of proof would be on you as a plaintiff but the standard in civil is a preponderance of the evidence, and the evidence all leans your way.
Correct, zero damages previously.
I don't know if I need to prove that they caused the damage, if so, it's hard to prove.
Maybe I am worrying too much, what if the dealership saw this thread(though the chances are low..)
They may cancel the appointment for next week and that will be all on me
Correct, zero damages previously.
I don't know if I need to prove that they caused the damage, if so, it's hard to prove.
Maybe I am worrying too much, what if the dealership saw this thread(though the chances are low..)
They may cancel the appointment for next week and that will be all on me
Good. Maybe they'll read it and do the right thing now before we have to go medieval on their ***.
The cause of the damage itself might be hard to prove but proof of the lack of preexisting damage before they took custody looks pretty solid. It would be solid if the car was a year old and 15k miles but the fact it's brand new really seems to seal it.
One thing though. If they ask you to sign a release before they'll handle the repairs, politely decline and walk. I wouldn't even sign a repair order, since they're handling the whole thing, but if you do, where it asks you to indicate the dollar amount of the repairs you authorize put "$0".(Without a signed RO they can't put a lien on the car or hold the car.) If they want a release from further liability after the "repairs" are done, refuse and call your local sheriff, non emergency. They can't keep the car without an unpaid RO.
Good. Maybe they'll read it and do the right thing now before we have to go medieval on their ***.
The cause of the damage itself might be hard to prove but proof of the lack of preexisting damage before they took custody looks pretty solid. It would be solid if the car was a year old and 15k miles but the fact it's brand new really seems to seal it.
03-09-2017, 10:29 PM
