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Opinion: Who should pay for damage me v. dealer!


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So I have a dealer rental car (loaner), because my car (an 09 LGT) is in the shop for the 2nd time to have a whole bunch squeeks and creaks fixed, which I were told were fixed the first time I brought the car in...

 

IMO a new 30K car shouldn't have these annoying squeeks/creeks, ie. loose seats, rattling dash, rattling radio console, rattling A-pillars on both sides, glove compartment etc....

 

Well now to the story, I am driving the loaner, and due to the awesome new england weather, most roads in massachusetts are covered in water, and under water are 3 ft pot holes, well I hit one yesterday :mad: and dented the wheel and caused a flat :mad:. (Tire is still in perfect shape, and the bend on the rim is gradual and seems like it could be easily fixed, though I have no idea).

 

So when I a return my car today, I am sure they are going to try and make me pay for this damaged wheel. To my defense, I beleive shouldn't have had to bring my car in a second/actually 3rd time to have these problems fixed as they were supposed to be fixed the 1st time. And I should not have to pay for this damage.

 

Anyone have thoughts, recomendations, etc...

habitual derail-er
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is there a full size spare in the loaner? if so just throw that on, problem solved ;) if not comprehensive insurance should cover it. you could also sue the township for breech of tort not to maintain safe roads.
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Good luck suing a town and getting money for it.

 

Alloy wheels are not repairable. The second you start to bang them you cause mini cracks throughout them weakening them. Steelies you can usually hammer, but alloys you can't.

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No full size spare or else this would be a no brainer... and suing the town won't do anything it never works. Comprehensible has a $500 deductable for my ins...

 

I might just go with "well if you fixed it the first time, like you said, then I would have never had to bring the car back."

habitual derail-er
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Good luck suing a town and getting money for it.

 

I was successful in doing so a few years back... if you can prove neglect to the roads ie... the pothole i drove into was at least 8 inches wide and 8 inches deep. I called the police made a police report took pictures, I had a witness... filed a complaint against the township in civil court... I won my damages.

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I was successful in doing so a few years back... if you can prove neglect to the roads ie... the pothole i drove into was at least 8 inches wide and 8 inches deep. I called the police made a police report took pictures, I had a witness... filed a complaint against the township in civil court... I won my damages.

I guess if you're willing to put that kind of effort into it then it could be possible. I also know plenty of people who have lost trying to do so.

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I guess if you're willing to put that kind of effort into it then it could be possible. I also know plenty of people who have lost trying to do so.

 

Yeah it was a hassle, but my damage was about 2k and if I didn't take them to court countless more people would have fallen victim to that bear trap of a pothole. Plus I am knowledgeable in tort law and i came prepared.

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It is a lost cause here in Boston, plus more effort than the wheel is worth... I will see if the dealer will eat the cost, or split it with me...

 

If i was the dealer i would say see if we didn't screw up fixing your rattles the first time, then it would have been your new car that you drove into the pothole instead of our loaner... :lol:

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anyways good luck facing the dealer today... I hope everything works out in your favor... just use effective complaining techniques and im sure you will be satesfied with the outcome.
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Hate to say it but you are at fault. Car was in your possession when the 'accident' happened. The reason you had the car means nothing. You can hope they don't notice it till after you sign the condition return report.
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Depends on the insurance for the dealer. Check that out first.

 

And if the rim did take damage so did the tire - even if it isn't visible.

 

This, usually the dealers insurance should cover it. If not they should have had you sign an insurance form, or waiver, etc.

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To my defense, I beleive shouldn't have had to bring my car in a second/actually 3rd time to have these problems fixed as they were supposed to be fixed the 1st time. And I should not have to pay for this damage.

 

 

Not sound logic, on your defense.

 

You took the keys to the offered loaner hence took responsibility for car and to take care of it. Hopefully it resolves out okay.

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The dealers insurance won't cover it. I don't know how it is in MA, but in Indiana, you're insurance covers you, not your car. The dealers insurance covers the employees and customers that drive their cars. I don't 100% agree with it, but it seems to me like you're going to hafta pay for that, if your dealer's a dick. If they're cool they'll say "Oh, we'll just say it came in off of a new delivery and get SOA to send us a new one."
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My worthless contribution is this: 30k doesn't mean anything for rattles. If you want no rattles, you'll need to spend a lot more than was required in the past, or get a 30k car that doesn't have a turbo boxer engine with sick AWD. My car has some irritating rattles as well, but to be positive, fixing them is an educational project that can be enjoyable. My dealer replaced a rattly center console with a brand new rattly center console. It still amazes me that dealer service can maintain such a positive public image given the dime-a-dozen horror stories.
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