W211 AMG Discuss the W211 AMG's such as the E55 and the E63

Dealer accident-any experts?

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Old Aug 10, 2005 | 04:57 PM
  #1  
JKY X's Avatar
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Dealer accident-any experts?

My dealer Euromotorcars MB in MD, got into an accident with my car (2004 E55 with 5k miles) in their garage. Busted up passenger side headlight, bumper and the quarter panel. They are reparing the car for me while implying that they are "legally NOT responsilble" to repair the car.

I want them to pay for any depreciation they casued by this accident. Anyone have an idea how much that accident de-valued my car? Also any lawyer in the house to help me?

X
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Old Aug 10, 2005 | 05:07 PM
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What a bummer! Don't mean to discourage you but I think they're right. If you see from their agreement (or disclaimer? ), they are not responsible for any damage when the car is with them. If I were you, I would try to proceed to higher level.... start from service manager and then all the way up to MB National Cust. Service. If that still doesn't help, I certainly would get a lawyer. There are couple members whose car got damaged at the dealer and got some luck to have them paid every single penny.

A friend of mine was even worse.... a dealer totaled his 2-year-old bimmer during a road test after the service. And the dealer initially did not want to be held responsible... but at the end paid half of the price. My friend would like to sue but no money....
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Old Aug 10, 2005 | 05:28 PM
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Aw, man, that must be terrible. I'm really sorry to hear that along with me having no advice for you, but I hope things turn out all right.

The thing that bothers me is the dealer not being held responsible when it's in their hands.
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Old Aug 10, 2005 | 05:32 PM
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That "Bites" I hope that you are able to get all that you definately deserve
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Old Aug 10, 2005 | 07:16 PM
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Originally Posted by JKY X
My dealer Euromotorcars MB in MD, got into an accident with my car (2004 E55 with 5k miles) in their garage. Busted up passenger side headlight, bumper and the quarter panel. They are reparing the car for me while implying that they are "legally NOT responsilble" to repair the car.

I want them to pay for any depreciation they casued by this accident. Anyone have an idea how much that accident de-valued my car? Also any lawyer in the house to help me?

X
Oh man, that's a bummer! Come over to HBL, Roger Penske's guys always take good care of me.
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Old Aug 11, 2005 | 10:02 AM
  #6  
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Here's a similar story: The previous M5 needed a 1200 mile service - things like oil change and whatever else the crazy Bavarians said it needed. This was back when that version of the M5 first came out and people had been waiting forever to get one.

So, the lady takes it back to the dealer, after only having if for a month or so for this service. What do you know, the technician doing the test drive pulled out in front of someone and knocked off the front end. $30,000+ in damage!!

So, she got a new car - but had to wait another 6 or 8 months for it.

It is absolutley ridiculous for a dealer to even attempt to get around paying for messing up your car due to thier stupidity! That's a dealer that should be boycotted if that's the case.

Either way, I'm sure MBUSA would not stand for that type of behavior. Take it up as high as you need to - you have a right to!
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Old Aug 11, 2005 | 10:12 AM
  #7  
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I'd be curious to hear from any lawyers out there. Sure you signed the waiver, but are you really held to it? In medicine, we have people sign waivers and consent forms all the time. It doesn't mean you can't be sued.
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Old Aug 11, 2005 | 10:48 AM
  #8  
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This is BS - they have insurance for this sort of thing. Car's value is at least $5000 less after an accident. Ask them to replace the car and take the depreciation hit themselves.
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Old Aug 11, 2005 | 10:59 AM
  #9  
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Those waivers are MEANINGLESS. Get a Lawyer to write them an aggressive letter.. they'll be settling with you in hours..
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Old Aug 11, 2005 | 12:58 PM
  #10  
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No longer car shopping...
This is bogus - ALL dealers are responsible for ANY car in their care. It's true they are not responsible for ITEMS left in the car (as on the disclaimer) but any damage done to the car while on their premises is THEIR responsibility. And yes, they DO have insurance SPECIFICALLY for covering such damages. My brother was a service manager. He has stories of tech "joy riding" and totalling a M3 with 2K miles on it while on a "test drive" as well as others (forklifts running into the side of a client's RX300 and puncturing the interior, repairs done on such vehicles WITHOUT the owners knowledge, etc). Just because it's a Benz does not mean that all dealerships are trystworthy. Most are, but there is still that 2% out there who are ONLY in it for the money at the customer's expense.
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Old Aug 11, 2005 | 01:38 PM
  #11  
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Originally Posted by zoink
...I would try to proceed to higher level.... start from service manager and then all the way up to MB National Cust. Service. If that still doesn't help, I certainly would get a lawyer. There are couple members whose car got damaged at the dealer and got some luck to have them paid every single penny.
Sorry to hear about your problem! I had one of the very last Land Rover Defender 90 wagons made for the US. I had the typical British car owner's long list of items needing attention after owning it for a month. Took it into the dealer; a week later I was getting ready to pick up the car when I got a call from the dealership. "We have a small problem!" said the voice on the other end. When I asked him to define "small problem" he said I really needed to come to their shop in person. As I'm walking in I see my beautiful blue Defender, but the entire front end is caved in (as though it rammed a telephone pole at 50 mph). Seems they were doing construction in the area; a large truck lost an entire tandem wheel assembly, which continued down the road on its' own at about 50 mph -- until it met the front end of my Land Rover.

At this point there were no more new Defenders in the country. The dealer hemmed and hawed; I told him if I didn't receive a full refund of the purchase price -- down to the penny -- he could expect me to return with my attorney. A week later they cut me a check for the full amount.

Good luck, and stick to your guns!
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Old Aug 11, 2005 | 01:56 PM
  #12  
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They're CERTAINLY liable for the damage however I don't think you'll get them to budge on any depreciation. Sucks...

~ Ian
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Old Aug 11, 2005 | 02:40 PM
  #13  
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Yes, don't let them get away with it. "Hire" an attorney if you have to
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Old Aug 11, 2005 | 02:57 PM
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Thank You All For Your Input

I am meeting with the service director of Euro Motorcars, MD in about an hour. I will keep you posted. Wish me luck.
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Old Aug 11, 2005 | 03:03 PM
  #15  
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Best of luck!~!
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Old Aug 11, 2005 | 03:45 PM
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E 63S Wagon Renntech, E55 Renntech, SL65, SL 55 030, ML, bunch of old ones--they come, they go...
OK, lawyer and car guy here... (long)

I'm going to try a simple version here...as nothing, anywhere, is written in stone. Yes, a "bailment" was created when they took control of your car. And they are required to give it "reasonable" care. Question is, did the accident occur under "reasonable" circumstances? (It probably did). In any event, good business practices would dictate that they should return the car to you in the condition in which it was brought in. They cannot do that, as it's now a painted/damaged car. You know it, so you should FOREVER disclose it. (BTW, if you don't have any, get some pictures, now, before it goes to the body shop). The car is NOT the same as it was when you drove it in, hence the claim for the dimished value. In the industry, usually about 10% is the industry norm with a bit of haggling. Yes, you are going to have difficulty getting it. You can proceed with the repair of your car, but do not sign ANYTHING that says "in full and final satisfaction" or "accord and satisfaction". If they give you the song and dance that you must sign to get a repair, then you need to, at the very least, sign with the phrase "signed under protest". You need to get higher in the store than the service manager, as he's doing his best to protect his wrench/employee. Don't be surprised if the boss doesn't know about it. Get a notebook and make note of EVERYONE that you talk to, dates, times, nature of the conversation, etc. Your beef is with your dealer, and no one else (unless it's their insurer). Realistically, I'd just be quite surprised if you can get this handled without counsel. I'd also be surprised if you can get it without filing suit. And that amount is going to be in your local magistrate or small claims court, and that's a real pain in the backside. The dealer and insurance compnay know this. Remind them that you're going to be looking for them to pay the attorney fees too. Keep a good attitude, just tell them you want your car exactly like it was when it drove in, and compensation for it if it's not.
Good luck.
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Old Aug 11, 2005 | 05:31 PM
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Originally Posted by allenjdmb
I'm going to try a simple version here...as nothing, anywhere, is written in stone. Yes, a "bailment" was created when they took control of your car. And they are required to give it "reasonable" care. Question is, did the accident occur under "reasonable" circumstances? (It probably did). In any event, good business practices would dictate that they should return the car to you in the condition in which it was brought in. They cannot do that, as it's now a painted/damaged car. You know it, so you should FOREVER disclose it. (BTW, if you don't have any, get some pictures, now, before it goes to the body shop). The car is NOT the same as it was when you drove it in, hence the claim for the dimished value. In the industry, usually about 10% is the industry norm with a bit of haggling. Yes, you are going to have difficulty getting it. You can proceed with the repair of your car, but do not sign ANYTHING that says "in full and final satisfaction" or "accord and satisfaction". If they give you the song and dance that you must sign to get a repair, then you need to, at the very least, sign with the phrase "signed under protest". You need to get higher in the store than the service manager, as he's doing his best to protect his wrench/employee. Don't be surprised if the boss doesn't know about it. Get a notebook and make note of EVERYONE that you talk to, dates, times, nature of the conversation, etc. Your beef is with your dealer, and no one else (unless it's their insurer). Realistically, I'd just be quite surprised if you can get this handled without counsel. I'd also be surprised if you can get it without filing suit. And that amount is going to be in your local magistrate or small claims court, and that's a real pain in the backside. The dealer and insurance compnay know this. Remind them that you're going to be looking for them to pay the attorney fees too. Keep a good attitude, just tell them you want your car exactly like it was when it drove in, and compensation for it if it's not.
Good luck.
Have you heard of the ENTER button on your keyboard? :v
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Old Aug 11, 2005 | 10:59 PM
  #18  
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Originally Posted by MB Fanatic
Have you heard of the ENTER button on your keyboard? :v

Dude, give the guy a break. He's a lawyer.... Didn't you know that they are the masters of writing an entire document as a single sentence, usually without any punctuation

At least you could read and understand his reply. Don't bag free legal counsel on the forum, someday we might all want a little advice and it's nice to get free guidance.
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Old Aug 12, 2005 | 08:07 AM
  #19  
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That really sucks. Which location was it, Germantown or Bethesda?

Against my better judgement, I bought my E from Euro in Germantown. I had a bad experience with their Bethesda location and told myself I would not buy from them again. My salesman from Younger in Hagerstown moved to Euro in Germantown, so I ended up getting my E through him.

I hope you can work everything out without legal counsel, but it sounds like they want to play hardball. No way you should walk away without some diminished value settlement on your wrecked car.

Good luck!
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Old Aug 19, 2005 | 04:06 PM
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Question Update on accident by dealer

After my E55 being in the shop for 3 weeks, it is finally done. All i could get as compensation for the damage caused by Euro Motorcars (Bethesda, MD) was 3 weeks of loaner car and free xenon lights. The dealer agreed install xenon lights which was the only option missing from my car. BTW, that was also a dealer mistake when ordering the car.

Was this an okay deal?

jky
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Old Aug 19, 2005 | 04:49 PM
  #21  
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Originally Posted by JKY X
After my E55 being in the shop for 3 weeks, it is finally done. All i could get as compensation for the damage caused by Euro Motorcars (Bethesda, MD) was 3 weeks of loaner car and free xenon lights. The dealer agreed install xenon lights which was the only option missing from my car. BTW, that was also a dealer mistake when ordering the car.

Was this an okay deal?

jky
As long as you are "Satisified" thats all that matters Hopefully, You received something in writing stating the facts and if you ever trade your car back to them. That they will remember the incident when evaluating your trade in
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Old Aug 19, 2005 | 04:53 PM
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That really sucks.....

Write out an absolutely truthful account of the relevant portions of what occurred. Include only events that you personally observed and, to the extent that you recite statements of others, make sure that you recount them accurately and that they are statements that you actually heard yourself.

Go back to the dealer and speak to the "highest-up" you can find. Tell that person that you don't think it's right that you delivered a car into their care that they have returned to you in a condition of substantially reduced value. Show that person what you wrote and tell them that you are so upset that you are going to take out an ad in your local paper(s) and that the content of the ad will be what you have written. Potomac MD is high dollar ‘hood and isn't that dealer in Chevy Chase (also $$'ville)? Tell them that their client base in those areas is going to pick up their local Gazette at the end of their driveway and see your ad.

No one wants bad publicity and based on what you've posted I bet anyone learning of or reading about your experience will not think kindly of the dealer that's trying to slime out of something they really should accept responsibility for - especially owners of upper crust benzes like yours.

As long as what you say/publish is true, you'll be okay. Figure out what you think is fair $$ wise and see if you can achieve a just resolution.

Good luck.
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Old Aug 19, 2005 | 05:22 PM
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Wow, that was some very "Good" advice
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Old Aug 19, 2005 | 05:27 PM
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...and come to the local benz meets
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Old Aug 19, 2005 | 10:21 PM
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I would have gotten my attorney involved...probably cuz I have too much time on my hands sometimes

I have bought all my Benzes from Euro in Bethesda. While I really really like my sales guy, the Serive Dept is something else, but I find fault in all the local dealers, ESPECIALLY HBL, I will not EVER let them touch my car, let alone I would not EVER buy a Benz from them. Service, for me, unfortunately boiled down to me "bribing" my Service Advisor at (unnamed dealer) to get Lexus like treatment.
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