Last post on Mar 30, 2003 at 7:13 AM
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Toyota Tercel, Sedan
#9 of 18 the dealer is being unusually weaselly
Mar 24, 2003 (12:37 pm)
dealers have insurance precisely because stuff happens, and their loyal and dedicated customer-service employees may occasionally get into a once-in-a-lifetime situation with your car despite the best of intentions.
then, there are loser pinheads whose idea of a test drive includes repeating all the stunts that Evel Knievel couldn't pull off.
if the dealer is stiffing you, either his insurance has canned him from hiring and holding on to too many useless car-wreckers, or they're skating on way too many edges trying to get through by the grace of God to the next quarter.
the lawyer and if necessary court is the way to go here. you should not pay a penny for any of this. THEY messed you up, THEY should fix you up.
Mar 24, 2003 (2:28 pm)
That's right. FULL value of your car prior to the accident. And don't let them do any abracadabra on an Echo deal whereby they end up charging you a high price for the Echo but bury that price in confusing numbers or monthly payment quotes instead of full price quotes.
If the damage weren't severe (just a fender bender), I'd be happy with my car repaired impeccably, compensation for car rentals and any other reasonable charge your attorney can come up with.
If you get into diminution of value, you are going to start a war and things will escalate. I would avoid a diminution demand, but rather stack up other legitimate charges that end up compensating you for the diminution anyway.
If you have a record of the repairs done, and this is not serious, this should mitigate most diminution at the time of sale, if you show this to the new buyer.
If the repairs are substantial, you may wish to strategize differently, with a car swap or purchase of a new car at what we would hope would be a most excellent price.
The dealer is not on good legal ground here at all, but he can more successfully defend a diminution suit, especially if damage is not severe. So in essence the diminution dispute will hold up the entire settlement, and this may not be a wise move. Sometimes you need to wrap it up and get going with life, you know?
#11 of 18 Dimunition - that's my job.
Mar 24, 2003 (2:54 pm)
Gets wild at times, especially when explaining the concept in court. While physical damage is different than a lemon law/breach of warranty case, the principle is the same - what he paid for, versus what he has now.
#12 of 18 don't know about any deal with this outfit myself
Mar 24, 2003 (3:42 pm)
I'd want to cash out on the car and make a buy someplace else. we already know this guy is not playing his cards straight, and he wants to lock you in for three to five or more years of that with another car off his lot? unless there is another dealer who will service another guy's sale with a smile close in, I worry about this, and would want all my repairs and expenses cleaned up, then take the expense check elsewhere as a down payment while the interest-rate deals are still underway.
this does, however, lead into the thicket of diminished value. it depends on how badly you need that couple thousand or so to get into the new ride.
#13 of 18 Talk to your agent
Mar 24, 2003 (7:01 pm)
Your insurance company is a good bet for help. They are interested in some one - not them - paying to repair your car to predamage state. They are going to know of the damage anyway, and they may even provide the lawyers.
If you do not get the sort of help you need from your Insurance company, then hire your own lawyer. After all, why do you have insurance other than to protect yourself.
Where Kinley when we need him?
Mar 24, 2003 (10:03 pm)
Insurance companies HATE diminution suits and usually fight them to the death. They'll go to the mat every time with a diminution suit, they won't settle it.
Mar 28, 2003 (5:40 pm)
I would be very tempted to look at a retail/retail or wholesale/wholesale exchange of the Tercel for a brand new car. Nothing else is going to really be fair to you, timo43.
Mar 29, 2003 (10:29 am)
A dealer is not going to give you a new car on a fender-bender. The damage would have to be quite serious.
Mar 30, 2003 (7:13 am)
You, or a lawyer of your choice, might request that the dealer accept the wrecked car at it's fair wholesale value prior to the damage, as a trade in toward a new car, which would be sold to you at dealer's invoice (or less, if circumstantially reasonable).