Dealership Mishap

[LandCruiser]

Didn't want to bring up this old thread, but I don't have enough posts to start a new thread.

Bought a new 2015 TEP on 8/22. Brought it into the dealership on 8/29 for them to install the accessories that they threw in as part of the deal, but had to order (exhaust tip and cargo cover). After waiting for about 45 minutes, they call me into the back and show me what happened.

Apparently one of their employees backed my car into something and damaged the lift-gate / hatch. I was absolutely furious. Taking excellent care of my vehicles and driving cautiously is something I have always done, and now some reckless young kid who could care less about my 40k vehicle purchase smashed it up.

The thought of having them do body work and having to worry about having non-factory paint and the possibility of the repair resurfacing after a number of years is making me sick. I told them it is simply unacceptable. They claim they looked into taking the vehicle back, but that the registration was already processed by NYS DMV, so they would have to buy the vehicle back, which they said they can't do (i'm sure they can - they just are choosing not to).

My options at this point seem to be the following:

1)Keep insisting they buy the car back from me / replace it. I'm at the point now where i'm considering contacting an attorney. Is this reasonable? Or are my emotions getting the best of me?

2)They have a 2015 new TE that I actually test drove before buying the TEP. The shop manager originally said that they could swap the hatch from this vehicle. I talked with the service manager today, and he said he would look into this. If I go this route, anything in particular I need to know? Obviously the key cylinder would need to be swapped, and i'm assuming the speakers as well, since the TEP has a different audio system than the TE (are the speakers different or just the head unit?).

Thanks for the feedback

Also, if any mod can split this into a new thread, it would be appreciated.

-every body panel has VIN tag on it, so they can't throw another one on. This also means the crooked bastards are going to sell a damaged vehicle to another unsuspecting sucker.
-fixing damage is a big deal. They have devaluated the vehicle considerably. My TE had the front bumper plastic cover replaced, but this was listed as "body damage" and now this is as bad of a CARFAX blemish as a major accident. I've dented the crap out of it since so it's a moot point, but in many states which don't discriminate between insurance claims, a car that has been reported as repaired can be worth CONSIDERABLY less--unless the dealer fixes it at their own shop and doesn't report it. If they plan on reporting it, they'll have to pony up the amount your vehicle has been devaluated, which can be as much as 4-5k. Also, screw CARFAX, it's a scam.
-there's no way in hell they'll give you a new truck. They'll offer to fix it at their body shop and you'll be lucky if you don't owe anything out of pocket and the devaluation won't come unless you squeeze/lawyer up.

You essentially may need to take legal action, but they've damaged/devaluated your brand new vehicle and your options are pretty limited. I doubt that they'd even be receptive of buying it back--since what it's worth to them will be insulting to you.

...not sure if the BS "we are an arbitration" dealership can in any way be used to your advantage. Mostly it's used by them to squirrel out of screwing customers:|

 

[DAGNABIT]

You aren't gonna get a ne 4runner so you might as well scrap that idea. Just as if you drove it off the lot and someone hit you. They are liable for the repair. Nothing more nothing less. Sucks for sure but be realistic

 

[Antman]

You can get a lawyer to file a diminished value claim after they fix it. This should somewhat cover your losses.

Accept nothing less than a perfect repair while you drive a rental car on their dime. I think that's about all you can expect outta this, really.

Sucks- feel bad for you. Good Luck!

 

[jwkilgore]

You aren't gonna get a ne 4runner so you might as well scrap that idea. Just as if you drove it off the lot and someone hit you. They are liable for the repair. Nothing more nothing less. Sucks for sure but be realistic

^^^ This. It's no different than if this was caused by a valet parking attendant, or a commercial vehicle bumps into you in the parking lot. It's your vehicle, so it's your problem. A vehicle swap pretty much isn't going to happen.

Fortunately for you it was caused by a commercial entity with insurance, so they can pay.

• I'm sure they will gladly repair the dent for free in their body shop; maybe even be willing to pay another body shop of your choosing. Insist on a free rental while they are working, maybe even that TE you've been eying. :eyebrows: This is minimum baseline.
• A better option, if the damage gets reported to CARFAX anyway, would be a new door. I know they have VIN's on the body panels, but body damage is body damage. A new OEM door would be better than Bondo. My ex-mother-in-law destroyed the rear door of her Sienna and that's how they fixed it.
• Next comes loss-of-value. This will be a lot harder, and I will all but guarantee it will require at least the threat of a lawsuit. First step would be to check the laws in your state to find the limits on small claims court to avoid the cost of a lawyer. It's either $3000 or $5000 in New York, if I recall. It may be worth the money (a few hundred $$) to briefly consult with an attorney about your options, and maybe have him draft a letter to the dealer.
• If it goes to small claims court, DO YOUR HOMEWORK and go prepared. The dealer will, will argue that the value loss is negligible, and will have documentation to back up his side. You MUST have evidence to back up your claim. And no, printouts from internet forum discussions won't cut it.
• If you do hire a lawyer to file a lawsuit, the first thing to ask is whether you can try to recover attorney fees. If not, and this drags out, then your lawyer costs will dwarf the few thousand you may recover in damages. A few years back I spent over $4,000 to recover $6,000 in a slam-dunk case because the defendant just drug his feet for nine months.

 

[Hellamatic]

This also means the crooked bastards are going to sell a damaged vehicle to another unsuspecting sucker.
:|

^^This. VIN stamped endgate is a moot point. If that's what it takes to fix it, they'll probably do it. The thing is, they'd fix the damaged endgate and sell someone a repaired vehicle. That's pretty shitty of them.

 

[Granth77]

Someone backed into mine at 1 week old and with 200 miles on the odometer, annihilating the driver's side rear door. It sucked, and I'm sure it has a Carfax hit against it, but accidents do happen, regardless of vehicle and driver age. I got a new door and the thing looks perfect.

Ask for a new tailgate, make sure the repair is good, and call it a day. I completely understand it's a high dollar item, and there are people that just don't care about anyone else's stuff, but at the end of the day, it's just a car. I'm sure I'll get flamed for my opinion, but so be it. There's just too much litigation these days over petty BS.

Just do your research on body shops and tell them you'll take it where you want...just like any other insurance claim. Good luck.

 

[Epictetus]

Brought it into the dealership on 8/29 for them to install the accessories that they threw in as part of the deal, but had to order (exhaust tip and cargo cover). After waiting for about 45 minutes

It takes five minutes tops to put on the exhaust tip. Cargo cover even less.

Sorry for the mishap, and you should be able to trust a dealer, but I don't.

This is a prime example...

 

[Granth77]

^^This. VIN stamped endgate is a moot point. If that's what it takes to fix it, they'll probably do it. The thing is, they'd fix the damaged endgate and sell someone a repaired vehicle. That's pretty shitty of them.

Believe it or not, new cars get repaired all the time...and most of the damage does not legally need to be disclosed. Even the factory fixes paint issues and stills ships the car.

 

[emt60]

^^This. VIN stamped endgate is a moot point. If that's what it takes to fix it, they'll probably do it. The thing is, they'd fix the damaged endgate and sell someone a repaired vehicle. That's pretty shitty of them.

Yeah, I realized that this option would mean they are selling the other vehicle with my damaged and repaired lift gate. But that is their issue to deal with. I would think it might even be a legal issue if they are selling a new car with mismatched VIN labeled parts.

It seems the best option would be to accept the lift gate swap. I'd rather that over a bondo repair or a new OEM part that would have to be body shop painted.

Still waiting to hear back from them about this though. Anyone have any suggestions as far as warranty goes? Asking for something in writing saying that the replaced part will be covered under the factory and extended warranty?

 

[emt60]

It takes five minutes tops to put on the exhaust tip. Cargo cover even less.



Sorry for the mishap, and you should be able to trust a dealer, but I don't.



This is a prime example...

The cargo cover I would have been fine just picking up and putting in myself. I know the exhaust tip is easy but I figured why not let them do the work since I had to drive out there anyway. Oh how I wish I could have just picked it up and bolted it on myself......

 

[1000MPH]

I think you should find out what the bottom line will be to trade it in and get another.

Depending on what that number is will dictate your next move.

 

[emt60]

I think you should find out what the bottom line will be to trade it in and get another.

Depending on what that number is will dictate your next move.

Sticker on my car was $40,019. I paid $37,800.

My worry is that for them to give me a trade in credit of $37,800 they would loose money which they obviously don't want to do. As they will have to pay to have it repaired anyway and then sell it for a little less than what they gave me as a trade in credit as its now a used vehicle. As opposed to fixing it where they are simply out the repair cost.

I will bring it up when I hear back from them. They were supposed to call me back yesterday afternoon to confirm they could swap the lift gate. The fact they still haven't leads me to believe they might have realized they can't screw up the other new vehicle they have in stock and are trying to figure out what to do.

 

[Eagle62]

Sorry to hear about what happened... I noticed the license plate frame in the pic you posted, did this happen at Huntington Toyota on Jericho Tpke? That's where I've been getting my truck serviced. Kind of puts me on my tows now....

Hope you get it resolved to your advantage.

 

[emt60]

Sorry to hear about what happened... I noticed the license plate frame in the pic you posted, did this happen at Huntington Toyota on Jericho Tpke? That's where I've been getting my truck serviced. Kind of puts me on my tows now....



Hope you get it resolved to your advantage.

Yes you are correct.

Latest update is I called and spoke with the service manager and as of this morning, the GM who two days ago said they couldn't take the vehicle back is no longer with the dealership. No idea why. New GM is supposed to start tomorrow. Service manager actually seemed to understand my frustration and will be telling the new GM what happened. Guess I will see what they have to say.

 

[Eagle62]

Wow! FWIW, they had to replace my tailgate window regulator because the glass wouldn't go down all the way. Had to go back 3 times before they finally fixed it. Heard good reviews about them but your situation negates that. I hope yours was just an isolated incident but maybe it's time to find a different dealer. NYC kind of sucks when it comes to finding a good service dept.

 

[Cheers!]

Never hurts to get Toyota Corporate involved. They are very very accommodating on dealership F'ups.

http://www.toyota.com/support/contact.html

Phone:
800-331-4331

When I had to do it because the dealership wouldn't honor the financing they sold to me because they mixed up that a 2015 didn't qualify for 0.9% (I bought it end of 2014). Toyota Corporate didn't hesitate to fix it within 3 hours. Then the rest of the day I got apologetic emails and phone calls from the dealership owner.

FWIW, the 1-800 number above didn't even put me on hold. I went through a bunch of prompts and spoke to a real person in less than 1 minute.

 

[emt60]

Never hurts to get Toyota Corporate involved. They are very very accommodating on dealership F'ups.

So I called them up on Monday, and the guy I spoke to was basically useless. Explained everything, and he basically said there is nothing Toyota Corporate can do.

He even suggested maybe I should contact my insurance company at one point. I had to ask him what sense would that make - why would I put a claim in and ding my insurance for something they are responsible for? He had no answer.

In the end, he said he would take my info and forward it to the dealer (who i've obviously already spoken to and not yet willing to accept their resolution), but basically gave me the feeling that they don't really care what happens in my situation. Really disappointing feeling actually.

 

[Cheers!]

In that case. I think all you can do is accept the dealership's repair for your vehicle. Then claim for diminished value against them.

http://www.legislature.mi.gov/(S(fd...s))/documents/mcl/pdf/mcl-act-391-of-1919.pdf

 

[emt60]

In that case. I think all you can do is accept the dealership's repair for your vehicle. Then claim for diminished value against them.

http://www.legislature.mi.gov/(S(fd...s))/documents/mcl/pdf/mcl-act-391-of-1919.pdf

At this point I think you might be right, but I am waiting to see what the new GM has to say about the situation.

If they do swap the lift gate, I am going to ask them to give me some guarantee in writing that it will still be covered under the factory and extended warranty.

 

[emt60]

So after speaking with the new GM, from what he is telling me, the ownership is taking the same position (which I expected) of which they are just responsible for fixing it. He said he sympathized with my situation, etc., and they should be able to do something as a goodwill gesture.

What he brought up included possibly selling me an extended warranty at cost, and giving me $500 cash. He also said something about maybe putting something in writing about not holding this against the value of my vehicle. Which I call Bravo Sierra on since it would only be good at their dealership and I would have no way of knowing if they are honoring it.

I'm not trying to take them to the cleaners, but at the same time, I think I do need to be compensated, primarily for the diminished value of the vehicle. Any suggestions on what I should ask for from them? He is going to talk to the owners and get back to me in the next day or two. I purposely didn't respond either way to the possible offers he talked about - I asked him to come up with something solid and get back to me.

In my mind, I think fixing the damage plus $1,500-$2,000 for diminished value are appropriate - these are in my mind the "actual" damages as a result of their negligence. As far as good will, I envision asking them to include the warranty free of charge, or possibly taking 50% off. Yes I know that is money out of their pocket (as is the above), but I figure its the price of having employees that don't respect customer's vehicles enough to drive them in a safe manner.

Anyone have any thoughts on the matter? Thanks