jonadavi

Help! Brought my wife's 99 E320 in for some minor check-up things. When the technician took the car out to test drive the vehicle to ensure the proper seal on a gasket that had been replaced, the tech hit another car.

Damage is still being assessed but the car was not driveable. It came back to the dealership on a wrecker.

Here's my challenge: I DON'T WANT A WRECKED CAR?! Has anyone ever has this happen before? What was the dealer's stance? What can I expect? What are my rights?

Any feedback from other MB owners is greatly appreciated!

JD

RickyE430

Sorry to hear that. My wifes Jag was damaged by the dealer a couple months back. Of course we were informed of the incident after it was taken to the onsite body shop so we never got to see how bad it was. The valet hit a piller in the parking garage. A week later we got the car back good as new but it still bothers me to this day. Sounds like yours was much worse.

MBZ.

Im sure they are insured. See what they offer you first, if they dont offer something right away, including a loaner, then present them with what you think is fair, and what you want. DONT HESITATE. ITS THEIR FAULT. If they dont respond right away, with words AND ACTIONS, and if they dont give you 100% of what you are asking (Im assuming it will be reasonable), then go see an attorney. Get a real high profile person. Just presenting them a demand on his letter head will get their attention.

ALL dealerships are SUED ALOT.

If you approach them without an attorneys letterhead, then the possibility of them drawing this out and screwing you increases. A good attorney will know exactly what to do.

I bought a van a while back, used, and when I got the pink slip after paying it off, I discovered the mileage had been fraudulently represented to me when I bought it. I approached them about it, they gave me the run around till I saw an attorney. When they saw his letter, with his letterhead on it, they suddenly settled.

Birdie

I would listen to what the service manager or service director have to say. The dealership is insure for accident like this, you need to remember stuff happends. I am sorry that this have to happend to you but just to be on the safe side like MBZ stated. Go out and find yourself a lawyer just incase that dealership try to screw you over. But im 100% sure the dealership is going to take care of this for you.

mleskovar

How many miles on the car? Requests/Demands: 1. They accept full responsibility for the accident 2. Equivalent loaner. 3. No involvement of your insurance. 4. Repair or replace to your satisfaction 5. 3 year warranty (?) on repairs. 6. Compensation for loss in value because it's been in an accident. Put it in writing and give them the letter when you make the verbal requests. Get their response in writing. No need to mention legal recourse unless they don't meet your demands. Good luck....post updates.

jonadavi

Luckily, at your suggestion, I had talked to my attorney before going in to to see the dealership. By 2:30 today they still had not contacted me. Granted up until this point they:

1. Had given me a loaner vehicle (2006 C230 - little small but ample)
2. Called me yesterday afternoon to say, "well, the radiator is destroyed and the front end is badly damaged but there doesn't appear to be any impact on the engine" (which I find very hard to believe).
3. They have not given me an opportunity to see the car.

Here's what happened today:

1. I arrived at the dealership and asked to see the General Manager / Vice President. He shared with me that:
a. He's sorry (tho not very convincingly)
b. He's getting the car assessed as a wrecked vehicle
c. That he'll cover my deductible.

I stopped him dead in his tracks at that point and said, "Whoa, sir, this is not going to be reported to my insurance company!" He countered with, "yes, this falls under the same situation as if the car had been broken into".

Here's where I stand now:

1. If I were to buy my car, that they wrecked, at their dealership, it would cost me at least $19,000
2. They want to likely get me $4-5,000 for my wrecked car plus $4-6,000 from the insurance company. That puts me at a total of $10,000 which they think they'll be able to simply apply to my Down Payment on a trade.

Here's where I'm REALLY upset:

1. I brought my car in to them yesterday with the goal of getting it serviced. They promised to fix the broken power window and fix a gasket. I never gave them permission to drive my car.
2. They drove my car and rear-ended someone else while doing so.
3. I paid my car off LAST WEEK! I have no car payment. Now, they want to make a profit on getting me to buy another car on their lot.

Please, please, please tell me someone can give me some ideas here that I can work with. I'm so frustrated and, at the same time, sick to my stomach. Didn't sleep last night and doubt I will tonight either. I really would have hoped for more from Mercedes Benz.

mleskovar

What did your attorney say? Sounds like they are being *****s. Time to insert attorney and remove yourself/feelings from the mess. Remember, you don't have to accept what they offer/give you unless you are satisfied. Don't be pressured into anything less. How many miles?

HLG600

Some excellent points were made by the other members. You need to get an attorney and you need to be assertive. Don't be rude, yet at the same time don't take any BS from them. Your insurance should not even get involved considering this was not your fault AT ALL. What would be fair is for you to find a suitable replacement (meaning same model car at equivalent value) and have the dealership pay for it. Make sure you present all documents stating how much you paid for your car to validate any claims against the value of your car (prior to incident). Don't settle for anything less than the FAIR equivalent of your car, meaning don't settle for a lemon yet don't expect an AMG at the same time (lol). They are at fault and in fairness, they (dealer) are responsible for replacing the car they damaged with one of equal value. Hope this helps and good luck.

Regards

Birdie

I think it's time to get your attorney involved in this situation. Like HLG said, your insurance company has nothing to do with this problem. I think this dealership is trying to screw you. I would try to talk to the owner of the dealership and explain this mess. Skip talking to the GM because he going to listen to what the service manager or service director have to say. Talk to the owner of the dealership.

jonadavi

My attorney is working up a demand letter. Got more information on the General Manager and people around town aren't a big fan. I've left a message for the owner.

Also, just a point of reference for future use: car dealers have to keep a policy called a "Garage Keepers' Policy". This insures them against negligence on the part of their employees. It won't cover hail or theft, but it will cover a car accident.

Finally, just got off the phone with the local news station that does a consumer advocacy piece. They're standing by as they are VERY interested in how this turns out!

SoCalBenzLover

While I can't completely relate since it didn't personally happen to me, I feel your pain because it happened to my brother.

He waits 6 months to get his brand new SL55 a 3 years ago, picks it up, brings it back the next day to get his chromes put on...and one of the dealership employees accidentally T-bones the car and destroyed the entire driver's side.

He was devastated, and it's not like they could replace the car right away. But the dealership was more than fair...paid for all the repairs and signed an agreement that should he ever sell the car, they would take care of any loss of value.

Demeanor is everything. The GM did tell my brother after the fact that because he didn't flip his lid and go bananas, they went the extra mile to make him happy. It's the crazy, bullies that they'll do the minimum for.

Best of luck and keep us posted....

MBZ.

Whatever you do , dont allow it to get you riled up.

I repeat, DONT ALLOW IT TO GET YOU RILED UP.

IF anything, you should come out AHEAD on this deal.

I also told you that dealerships are routinely sued. Its not any surprise to me they are pulling this.

Your demands should be to the point you will be benefitting from this experience, as well you should, its only fair. THEY have inconveninced you.

MAKE SURE YOUR ATTORNEY IS CAPABLE OF HANDLING THIS SITUATION, that he has experience with such things.

Give your attorney a list of demands you want. DONT COMPROMISE. THEY HAVE BILLIONS OF DOLLARS, not to mention if they sell you another car, they SHOULD SELL IT TO YOU AT THEIR COST, DONT SETTLE FOR LESS.

MAKE SURE they know they will have to be paying attorney fees, ALL OF THEM, if they dont immediately agree to your demands. Keep us updated and above and beyond anything else, SLEEP WELL TONIGHT.

ONE other thing, under no circumstances allow them to file this under YOUR INSURANCE. They have to be insured for this type of thing. ITS THEIR ACCIDENT, their insurance should cover it. You werent in the accident. Be prepared to make a big stink. Be prepared to start raising your voice about how ****ty they are treating you after WRECKING YOUR CAR in their service room and MAKE SURE its when its full of customers.

You also might want to reread the agreement you signed when you dropped it off for service and see if it allows them to drive it. IF it doesnt, then threaten to sue them for embezzeling your car and taking it for an unauthorized joy ride. THREATEN THEM with a law suit and alot of bad publicity, even calling the channel 7 consumer guy.

If that guy had said to me" dont worry, I will cover your deductable" I would have ripped him a new ******* on the spot.

It sounds to me like you are a fairly unassuming guy, he is trying to take advantage of that, let your attorney do most of it if you arent willing to do what I described above, but if you do, make sure your attorney demands MORE than equal and fair compensation. I think getting a new MBZ at their cost would be a good idea. I wouldnt let them think you are gonna consider, not even consider buying a new one if they get even ONE DIME in profit. Let them think if they break even, they will be doing better than you screaming out loud and giving them alot of bad press.

Again, make sure your attorney knows what he is doing. I cannot emphasize that enough. Dont take his word for it, find out what exact experience he has in these types of issues, insurance and consumerism.

MBZ.

I agree with you. At first its always best to stay low key and give them the opportunity to rectify the situation fairly. But once they indicate they arent, dont let them play games with you. Sometimes time is of essence.

RJC

In 2000 the local Porsche dealer smashed the passenger door of my new Porsche. They offered to repair the door and promised it would be like new; it looked like *****, so I insisted on a complete new door. After the new door was put on I was still not happy about the entire matter, so I spoke with the GM and he gave me a check for $1500.00 for all the hassle etc. I bought three more cars from them in subsequent years.

Wimbush

I had this happen to me. During a test drive a tech ran into the back of another car and did 8-10,000 dollars damage to mine. I still can't believe how calm I was as the service manager was telling me what happened and showing me the damage. The MB dealership handled it impeccably. I got an MB loaner and within a couple of weeks I had my car back as good as new. I continue to use them and get excellent service with every visit.

MB Fanatic

Now that is a class act dealer. Which dealership is that?

jonadavi

On Friday of last week I finally got a chance to sit down with the owner of the dealership. Turns out that was the best thing I could have done. They agreed to assume the title on the damaged E class. In exchange I got a E320 that was:

1. 1 year newer
2. Numerous upgrades including Xenon headlights, Bose stereo, etc.
3. Bumber to bumber warranty for 60 days
4. Certified by MBUSA for one year
5. 15,000 fewer miles

I gave them a check for $1,000.

They did right by me, but only after a lot of patience on my part. Thank you so much for all of your comments and thoughts and suggestions. They were greatly appreciated.

mleskovar

Good deal!! Despite the anxiety it caused, you came out ahead... and so did the dealer!

alboogiee

good stuff, glad to hear you came out on top... who did you have to take it up to MBUSA or did the dealer finaly get their act together?