30 votes

A dealership damaged my car. Any advice?

There's a lot of information I could share about this. But I do want to remain semi-private, so I'll try to stick to the highlights and answer questions as needed. Instead of stating hard numbers, I'll compare against the value of my car according to Kelly Blue Book.

I'm reaching out here because I'm not a "car person" and I haven't gone through anything like this before. I figured if there's any other angles or strategies I'm missing then you all will probably fill in my blind spots. I want this to be over ASAP, but I also don't want to pay for the damage they've caused since it's thousands of dollars.

What happened:

  • In May my car started having acceleration issues. I brought it in for repair at a dealership I've gone to for 2 years who has an in-house service department. The dealership's name includes the name of my car's manufacturer, so they're a specialized licensed dealer.
  • At first they thought my catalytic converter was the issue, so they ran a bunch of tests. After extensive troubleshooting, they ended up taking it off and confirmed there was no damage or clogs. I received written updates, so this is well-documented.
  • There is a known defect with engines in cars like mine. Therefore they put in a request for a free engine replacement, which was approved. They also reexamined my car after the approval was granted and recommended replacing another part at the same time. I approved and paid for that myself.
  • When they gave me back my car, it was making a lot of weird sounds. I commented on it during pickup, and they told me not to drive too fast. Turns out it wasn't able to go on the highway at all and the check engine light quickly came on. I notified them and they asked me to return it. I put 100 miles on it during that period. For reference, driving on a highway has never been an issue for me.
  • Upon examination, they informed me my catalytic converter was fully clogged and that it needed to be replaced. The sent me a quote for half the value of my car, a major expense.
  • At first they tried arguing that it passed their test drive. But after I pointed out that I only drove 100 miles, they said it must have been clogged the whole time and they missed it repeatedly. They also said the new engine could in theory cause the issue, but stopped short of recommending it be replaced yet again. They also told me I could take my car somewhere else to get the repair done for cheaper. I have this conversation recorded.
  • So I haven't had a working car for 100+ days now. It's still at the dealership and they've been trying to pressure me into taking it away, even though it's not save to drive and driving it could cause more damage.
  • I've asked for a loaner vehicle repeatedly, and I'm always told none are available and that I'm on the wait list.

Here's what I've done so far.

  • I have a support case with the manufacturer's national customer support system. I don't have my case managers direct line, but I call the regular line every day asking for updates. I also ask for it to be escalated and expedited. Sometimes the person tries to go above and beyond to give me the latest updates, but ultimately I don't think this is helping much. A request for a "good will" repair has been submitted and is awaiting review. Both my case manager and the dealership have told me it can take months to be reviewed. The person reviewing it is a regional manager. I've asked for their contact information but so far they've refused to disclose that.
  • I've spoken to a lawyer briefly. They seemed to think it wouldn't be worth hiring them for this. They advised filing a claim against the dealership's insurer. As a backup, file a claim with my insurer and have them go after the dealership's insurer to cover the cost. I'm nervous about going this route because if they're not able to recoup then that claim would stay on my record which does have financial implications.
  • I've asked the dealership directly for their insurance to file a claim. They refused to give it to me, saying only they file claims against their insurance. I don't know how else to try extracting this information. Cold calling as a prospective customer? Is it hanging on one of their walls maybe?
  • I've spoken with the dealership's manager who oversees used cars. They made me an insultingly low offer yesterday, about 10% of its value. For reference, my car is less than 10 years old. Part of the reason it's so low is because they're budgeting in the repair. The manager doesn't seem to care that they damaged my car. But it does seem like they want the car off the lot, so maybe if I hold the line on this front the offer will increase. Unless they tow it, which I do slightly fear.
  • I made some phone calls to governmental entities in my state. I've narrowed in on one entity that I'm told should have records of the dealership's insurance and also allow me to file a complaint. I got a voicemail today, but fingers crossed I can connect with them tomorrow.
  • I sent an email to an executive last week. If I don't hear back I plan on doing this weekly with different executives. I'll add the names of each executive I've contacted to the bottom so the person has that additional context.
  • I've reached out a local TV station who investigates things in the community. If I don't hear back I plan on contacting another one next week. I live in big city so I'm not confident this avenue will be fruitful.
  • I've looked briefly into small claims court, but even a positive outcome requires me to collect. So that doesn't seem particularly helpful.
  • I've looked briefly into leaving a BBB review, but I'm not sure that will accomplish much.

14 comments

  1. [3]
    first-must-burn
    Link
    I am not a car guy either, so take this with that grain of salt. My pieces of advice are: Call the service manager at a different dealership (same manufacturer) and see if they have any...

    I am not a car guy either, so take this with that grain of salt. My pieces of advice are:

    Call the service manager at a different dealership (same manufacturer) and see if they have any recommendations.

    Call a different lawyer (someone who specializes in auto claims). Sometimes just a request for resolution formally submitted by an attorney on letterhead can get these things moving. My mom is an attorney and did this for me several times through the years.

    See if one of the TV stations in your area has a consumer watchdog, and if so, contact them. It's a very compelling story for them, and the dealership may be motivated to resolve it to avoid the negative publicity.

    24 votes
    1. [2]
      bl4kers
      Link Parent
      Thank you. I just did that and it was helpful. They said the goodwill case is my best bet. On insurance they said: "I don't think insurance will really help just because it's not of outside...

      Call the service manager at a different dealership (same manufacturer) and see if they have any recommendations.

      Thank you. I just did that and it was helpful. They said the goodwill case is my best bet. On insurance they said: "I don't think insurance will really help just because it's not of outside influence or inflicted damage. This is a mechanical defect." They thought the catalytic converter was consequential damage from the engine failure. Also said going the legal route would likely be more productive than insurance, which I found interesting. But they were willing to email the regional manager to ask for updates so that's great!

      Call a different lawyer (someone who specializes in auto claims). Sometimes just a request for resolution formally submitted by an attorney on letterhead can get these things moving.

      I'll do that. Maybe a letter could spur action to handle this internally instead of me having to bring in all these external pressures.

      12 votes
      1. first-must-burn
        Link Parent
        Awesome! Thanks for following up. If you end up going the legal route, it may take longer, but in the end I would think you should be able to negotiate for recompense for loss of use of the car....

        Awesome! Thanks for following up.

        If you end up going the legal route, it may take longer, but in the end I would think you should be able to negotiate for recompense for loss of use of the car. 100+ days is beyond the pale!

        I hope it resolves for you soon, and you end up with something for your trouble.

        5 votes
  2. [4]
    rungus
    Link
    I am somewhat a car guy, but this is certainly a new one! Contact YOUR auto insurance. Give them the rundown of what's going on, and they may be able to fight for you on this. You may need to get...

    I am somewhat a car guy, but this is certainly a new one!

    1. Contact YOUR auto insurance. Give them the rundown of what's going on, and they may be able to fight for you on this.

    2. You may need to get a lawyer. Don't sue or do anything just yet, but having a letter sent on the lawyer letterhead might scare 'em enough to get a move on.

    15 votes
    1. [3]
      Stranger
      Link Parent
      Seconding your insurance. Not sure of your coverage, but: Half the cost of your car seems steep for catalytic converters. Not a mechanic though, so what do I know. If that's true, then insurance...

      Seconding your insurance. Not sure of your coverage, but:

      1. Half the cost of your car seems steep for catalytic converters. Not a mechanic though, so what do I know.

      2. If that's true, then insurance would consider it a total loss. I doubt they'll want to pay out a total loss without having you go to someone they trust for a second option. If it is totaled then they'll want to go after the dealership to recoup their costs.

      6 votes
      1. [2]
        bl4kers
        Link Parent
        The reason I'm hesitant to call my insurance generally is because I've heard they're prone to start claims the minute you call. So in my head it's kind of a last or near last resort. I'm also not...

        The reason I'm hesitant to call my insurance generally is because I've heard they're prone to start claims the minute you call. So in my head it's kind of a last or near last resort. I'm also not sure what the claim would be for exactly. Although I have a lot documented, negligence seems difficult to prove.

        3 votes
        1. sparksbet
          Link Parent
          The thing about your insurance is that, unlike you, they have people whose whole job it is to get the responsible parties to cough up money over stuff like this, and when you're not the...

          The thing about your insurance is that, unlike you, they have people whose whole job it is to get the responsible parties to cough up money over stuff like this, and when you're not the responsible party that can be a boon. I'm not knowledgeable enough about car insurance to say whether this would affect your rates or not, so I'm not necessarily saying you should do it, but it is definitely worth considering the potential plusses to getting them involved.

          1 vote
  3. [3]
    nukeman
    Link
    What sort of car are we talking about? Barebones econobox? Or luxury SUV? The more expensive the car, the better luck you’ll likely have in getting resolution (luxury manufacturers really don’t...

    What sort of car are we talking about? Barebones econobox? Or luxury SUV? The more expensive the car, the better luck you’ll likely have in getting resolution (luxury manufacturers really don’t like the idea of losing repeat customers).

    7 votes
    1. [2]
      bl4kers
      Link Parent
      Definitely the first one unfortunately. Pretty sure this dealership is hoping I never come back. Even the national support folks have told me their responses to them have been unproductive and...

      Definitely the first one unfortunately. Pretty sure this dealership is hoping I never come back. Even the national support folks have told me their responses to them have been unproductive and irrelevant.

      9 votes
      1. Bobito
        Link Parent
        i can definitely* see a ruined exhaust system being half the cost of a lower end vehicle, especially if its including the cat. for example, i could easily replace my exhaust system for 2k$+, but...

        i can definitely* see a ruined exhaust system being half the cost of a lower end vehicle, especially if its including the cat. for example, i could easily replace my exhaust system for 2k$+, but the resale value still wont be any higher than 4k at best.

        im just a stupid young adult, but fwiw, i myself would just total it out to insurance for a new one. i actually like my own shitbox enough that if that happened to me id probably just replace it with the same model/year.

        e: just reading your other comments where you said insurance likely wouldnt take this route, thats a shame :(

  4. [4]
    krellor
    Link
    I wouldn't rule out small claims court. There are things you can do to collect against a business including putting a lien on their property, or sending a writ of execution through your local...

    I wouldn't rule out small claims court. There are things you can do to collect against a business including putting a lien on their property, or sending a writ of execution through your local sheriff to help collect.

    Most business will just pay rather than deal with all of that.

    5 votes
    1. [3]
      bl4kers
      Link Parent
      Gotcha. In your opinion would I ask to be awarded the cost of the repair? I believe my car is worth more than the maximum amount that can be sought in small claims court, at least in my area.

      Gotcha. In your opinion would I ask to be awarded the cost of the repair? I believe my car is worth more than the maximum amount that can be sought in small claims court, at least in my area.

      5 votes
      1. [2]
        krellor
        (edited )
        Link Parent
        You would need to look at what your damages are, which is the tricky part. If you wanted to go this route, my recommendation would be to talk with a second, qualified mechanic, arrange to have the...

        You would need to look at what your damages are, which is the tricky part. If you wanted to go this route, my recommendation would be to talk with a second, qualified mechanic, arrange to have the car towed and fixed by the new mechanic, and your damages would include the cost to tow, and new repair costs due to damage from driving or anything stemming from negligence on their part, plus any costs you incurred from being deprived of your vehicle for an extended time such as public transit, etc.

        It would definitely be work to go this route, but as long as you don't claim anything crazy, be clear to the judge that you are just trying to be made whole from the mismanagement of the repair company, and don't try to use legal jargon you don't understand, they are usually pretty helpful in the process.

        3 votes
        1. bl4kers
          Link Parent
          Understood, thank you. For now it seems to be in my best interest for my car to remain at the dealership and hoping someone steps up to pay. But this does seem viable if other options don't work out.

          Understood, thank you.

          For now it seems to be in my best interest for my car to remain at the dealership and hoping someone steps up to pay. But this does seem viable if other options don't work out.

          2 votes