Any Ideas...The Dealership totalled My SRT10 Today

[Roadtrip]

First, read this thread.

http://www4.forum.viperclub.org/showflat.php?Cat=0&Number=762526&an=0&page=1#Post762526

Second, first thing you do in the morning is you call JonB at Parts Rack, link is in the banners at the top of every page. He has helped more guys with this situation than you can believe. He will give you values, explain diminished value and how you pick your choice of totaling or repairing. He will be able to help with the lease buyout issue also. And he may be a buyer for the car as salvage which may establish price. His advice will clarify everthing for you, I just had a total in April and he really pointed the way for me.

Third, DON"T go talk to these idiots before you lawyer up. That guy was on a looong not needed joy ride, you have them dead to rights, that car is totalled believe me and you just got burned with all the money you lost on the lease.

Fourth, get to the accident scene with a good camera. No way was he going that slow and the skid marks are going to prove it. Get pictures and good luck but DO NOT be naive enough to think the dealer is going to do something for you. They already figured out what happened and and are plotting how to get out of it as we write.

Well I'm not sure how this is going to go.

The car is in their back lot with a foot of snow falling on it, as I am writing this. Which means the accident scene is being covered and plowed tonight, as well... This dealer is known for being ethically questionable (at best). I never signed the release for the work they did on the car while it was in service, Thank God.

It is actually still in their possesion.

Fortunately the Pilot admitted to at least mis-handling the vehicle and the police report (which I will get in the next couple days)proves a few witnesses exist.

 

[Shelby3]

Gee, the mechanic who wrecked mine was only going 30mph.

Get a lawyer and call JonB.

Note: I don't know how you PREVENT these events as the mechanics know they are not supposed to be driving your car so having the dealership sign that they won't on the service order doesn't mean much to the offender. It will help in court but does little to prevent the abuse. This is a real and too frequent problem.

 

[quick2tr]

Given that it appears to be rolled, is this car equiped with stock roll hoops?

Curious.

 

[PaViper]

[quote
Worse yet... The guy was 6 miles into a test drive and he was stil heading away from the dealer when it wrecked... Was he running an errand??? Who ever heard of a 12 mile test drive?

[/QUOTE]


I took my BMW in for service and left it, when I arrived back at the dealership a little early my car wasn't there. I asked the service writer where my car was and he didn't know for sure, "probably test driving it", so I took him outside with me to wait for it to show up. Sure enough about 15 minutes later two clowns came pulling in in my car and got out carrying their Hardee's lunch. Neither of them were the mechanic that worked on the car, in fact one guy didn't even work at the dealership

 

[418viper]

Whats up with the unethical behavior of some of these dodge dealers? took my 04 in for the required yearly inspection, normal place with a Viper tech. but they failed to mention he was off that day. Sitting in the waiting room when they drove it in and then heard the engine revving against the limiter in the adjacent bay. When it was done there was grease on the hood, grease on the seats, steering wheel, door handles. Wiper fluid on the rear trunk deck.

Compared to the same family of dealers where I took my 5 yr old Mercedes in. They meet you at the curb, put in plastic seat protectors, complimentary car wash, great waiting room with coffee, donuts, soft drinks, follow up survey etc... Dodge just doesn't get it---Let the minivan tech work on the Viper.

I am all for having Vipers serviced at the Mercedes dealerships, right next to the SL600amg!!! We should be talking about what a great experience the Viper ownership is not dealing with this crap!

 

[viperbob]

Hate to say it but the Copperheads just got rarer. Seriously though, good luck and be firm when dealing with them...don't take a compromise that puts you on the short end of the stick!

 

[Hiss]

Deeply sorry Roadtrip

Do as Lee suggest call Jon.

Man-from now on I will have a uderstanding with the dealer. Never thought about a mechanic taking car for a test drive after a oil change.

Listen to Lee dont talk to dealer first. Too much is at stake here.

 

[Ken Lally]

Amazing-

Look how well the window frame and top held up in the rollover..

Sorry 'bout your loss, I never take my eyes off my car at the dealer.

 

[DT04R]

This just scares the hell out of me! I'm (very slowly) starting to shop SRT's as a very high probability candidate for my next ride, but yikes, this is the 2nd or 3rd incident like this I've read here in ~3 weeks.

This is definitely one of the downsides of high(er) end domestics - dealing with the same service departments that handle <$10K rides. I've been lucky that I've always had outstanding, professional service when dealing with my current ride.

So sorry to hear about this sort of thing - I suspect if I use a general Dodge dealer for simple things like oil changes, I'll just sit and WAIT and monitor their every move.

Hope things work out!

~DT

 

[Hiss]

After seeing all this-I will take some of these wrecked Viper pics with me when I get the car serviced. Mention that this is reason I want to be present if Viper is taken out for a test drive.

I had 3.55 gears installed few weeks ago and the service manager said ,when Viper was picked up,they had to test drive the car for 40 miles (could have been 40 min) to make sure everything was ok. I think this needed to be done especially with 3.55 install. Lucky every thing went ok.

Get this-after I picked the car up I went by the leading car alignment and speed balance business. Waiting in customer area for the Viper and all of a sudden I saw the Viper leave the lot like a bat out of----. I was in some serious prayer till he got back with the Viper. I believe I am lucky lucky or maybe my prayers were answered.

 

[slaughterj]

Since when is 3rd on the same path as 6th, out of 5th?

The cops should have pushed him a little harder on that.

Worse yet... The guy was 6 miles into a test drive and he was stil heading away from the dealer when it wrecked... Was he running an errand??? Who ever heard of a 12 mile test drive?

Careful, a short distance test drive is within the realm of the dealership, a long range drive appears to be more of an independent excursion where responsibility could lean more toward to the employee than the employer.

 

[Donuts4me9]

whats the name of the dealership?

 

[Grunt]

Since when is 3rd on the same path as 6th, out of 5th?

The cops should have pushed him a little harder on that.

Worse yet... The guy was 6 miles into a test drive and he was stil heading away from the dealer when it wrecked... Was he running an errand??? Who ever heard of a 12 mile test drive?

Careful, a short distance test drive is within the realm of the dealership, a long range drive appears to be more of an independent excursion where responsibility could lean more toward to the employee than the employer.

Not while on the clock pretending to represent the employer while joy riding.
Its both employee and employer.

 

[Kenny]

I hate to say it, but I don't think you'll see a dime due to it being a leased vehicle. If you had paid any of the lease in advance, they will probably pro-rate and return to you any unearned lease payment as of the date of the accident.

I hope I'm wrong, but I don't think I am. Keep us updated.

 

[MikeR]

Hate to say it but the Copperheads just got rarer. Seriously though, good luck and be firm when dealing with them...don't take a compromise that puts you on the short end of the stick!

Thats not a Copperhead. Wrong wheels on it and his is a 2004. No copperheads made then.His is RED.

 

[viperdrummer]

Years ago I had my first of 3 Vipers (95) at the dealership for service. They had a strict rule that only the tech could drive it. Well, there were a bunch of folks looking at the car when a fat a$% asst service manager walked up opened the door and decided he was going to take it into the service bay while he had an audience. He barely could fit in it and hardly could drive a stick. Damn near wrecked it going 90 feet.

I followed him into the bay, and said " I hope you enjoyed that little show, because if it ever happens again you will be looking for another job". Knowing I was friends with the owner he said, "yes sir". All to the delight of the techs standing there who could not stand him.

 

[Roadtrip]

Wow. Thanks for the advice so far. It's a pretty lame situation...

Yet, while I'm still scratching my head in disbelief I called DMC, spoke with my insurance agent and today I sat down with the owner of the dealership.

I will bring in some heavy lawyers if needed and I appreciate that advice. But man... I'm pretty layed back and lawyers bug me (sorry if you are a lawyer and a V owner). I'm kinda old school and under the right settings this will work out. In business I've always considered a lawyer as a last resort, not an initial response.

I've decided that this is just a car. The ***** tech who made a poor decision driving it will be branded & surely spanked, but no loss of life is a good thing this time of year, especially, for his 7 month old kid and the golden horse shoe up his A$$.

 

[viperdrummer]

I am a lawyer and Viper owner and take no offense. Many in our profession have caused the skepticism you have.

Normally I would advise having lawyer with this much at stake. You can assume they will be looking for a resolution that is best for them (the dealership) They have to make you whole again. If you are not satisfied, then walk away and consider a lawyer. Even if you can work it out yourself, they will likely want you to sign a Release. Try to have a lawyer look at that because often the devil is in the details. Depending on where you are (and the experience of the lawyer) a lawyer might charge anywhere from $100 to $700/hr. Generally a Release signs away ANY claim you have in the future so you want to be careful.

 

[compcoupe21]

I'm sorry you are dealing with this for it's very disheartening but you actually will come out okay and here's why. The car is totaled therefore the insurance company (their's of course) has to pay out retail value. I figure retail is around 65k and you said the buyout in April is 52k. Let's assume that means that the current buyout is 55k. Simply put, using my figures the equity to you is 10k plus sales tax which is a mandatory pay out on a total. You can pick up a new 2005 car with no miles on it for around 65k therefore you will be ahead of the game in having a brand new year newer no miles car for about the same money. This is a simple insurance claim and absolutely should not require any legal action. Let the insurance companies settle it for it's a very common claim. The numbers are the only thing you will have to agree on so after DMC gets their 55k or so the rest is yours, no questions asked. Good luck and keep us posted...Dan

 

[bigerc]

I've decided that this is just a car. The ***** tech who made a poor decision driving it will be branded & surely spanked, but no loss of life is a good thing this time of year, especially, for his 7 month old kid and the golden horse shoe up his A$$.

Thats really a great attitude to have. If any kind of situation similar to this ever happens to me I hope I can deal with it just as well. but I think I would just be too angry to think

 

[KEast]

This is a very dangerous perception to have right now.

Quote " I'm kinda old school and under the right settings this will work out. In business I've always considered a lawyer as a last resort, not an initial response. "


I can guarantee you that the dealership has a lawyer on retainer/staff and has already discussed ALL of their options with them. I would wager the same with their insurance company as well (who by the way also will have discussed this with their own internal lawyers).

It is possible that you have a stand up dealership (at least at the owners level) and they may truly make you whole ( Loss of vehicle, loss of downpayment, lost time from work, legal fees) but I would wager that they AND their attorneys ALREADY know what they will offer, how they will handle counter offers, and what they will do if you retain a lawyer.

Don't get into this without being "Equally prepared" on your side or you will come out the lesser.

And no I am not an attorney, but I did sleep at a Holiday Inn.

KEast

 

[VNMOUS]

I have been in this situations before. I had a leased vehicle which I totalled (my fault). Lease payoff was 6K less than the current retail value--it was the tail end of the lease and I had not put any money or security deposit down. I got a check in the mail for 6K from state farm which I used as a deposit on my next vehicle. I thought it was a great deal; made me want to lease all my vehicles then total them once I got to a positive equity position...LOL

 

[Casey]

Sorry that happened!
Some people are just idiots, plain and simple!

In regards to the downshift into 3rd causing the accident. No way he spins the tires in 3rd gear at 45mph, downshift or upshift!
Just BS, the entire situation is BS.
I would not let down until you are happy with the OFFER!

Good luck!

 

[Roadtrip]

I am a lawyer and Viper owner and take no offense. Many in our profession have caused the skepticism you have.

Normally I would advise having lawyer with this much at stake. You can assume they will be looking for a resolution that is best for them (the dealership) They have to make you whole again. If you are not satisfied, then walk away and consider a lawyer. Even if you can work it out yourself, they will likely want you to sign a Release. Try to have a lawyer look at that because often the devil is in the details. Depending on where you are (and the experience of the lawyer) a lawyer might charge anywhere from $100 to $700/hr. Generally a Release signs away ANY claim you have in the future so you want to be careful.

Thanks,

I agree that once a final release is presented to me I will need to have an attorney look at it. I just have reservations about going for the throat right out of the gate. Their actions will definately determine if a lawyer needs to be brought in early on.

Unfortunately, I can't do a thing until their insurance agent determines what the loss is and/or the payout, so it will be a few days before I can decide on a course of action.

 

[Bill Pemberton Woodhouse]

Frankly this may not be too difficult for you , as your Insurance Company will likely go after the Dealer big time, and with a Lease ( if with Chrysler) you have gap insurance and the end result should be that it can be finalized fairly rapidly. The disadvantage is that you won't have the car to purchase , but with the current pricing, the buyout could have been much more than what the market is bearing. You may find that the on staff Attorney for your Company can help you immensely, and though many Vipers do need to be test driven after certain types of work, this was not even necessary. I think a good rule of thumb is for owners of all semi-exotics to exotics to let the Dealership know that the car will not be test driven unless authorized, except when things are being done where a test drive is part of the vehicle work. Sorry for your loss and give me a call if I can assist on the claim ( did Insurance work for 10 years ).

Best Regards,
Bill Pemberton
Woodhouse Chrysler
1-800-889-1893

 

[Casey]

Call Bill, he's on it!

 

[Lee00blacksilverGTS]

Bill brings up and excellent point...gap insurance. Check to make sure you have it because with the current pricing you could well owe a ton more on that car then it is worth. And the dealer should certainly make that up.
I'm not an attorney either but I still say a brief phone conversation with one could not hurt if you are talking to the dealer on your own. They could well say that you agreed to certain things ****** and try to hold you to it, regardless of whether you signed anything and regardless of whether you actually agreed to anything ******.

 

[compcoupe21]

No way in hell should gap insurance come into effect here. Gap insurance is negative equity protection and if roadtrip's end of buyout figure is correct (52k) then their is no way he is upside down in this lease. A 2004 vert with 10k is easily worth mid 60's (even though we all know new cars and new left over '05's are being given away). He has to be 10k to the positive for insurance HAS to pay retail...

 

[DodgeViper01]

I took my BMW in for service and left it, when I arrived back at the dealership a little early my car wasn't there. I asked the service writer where my car was and he didn't know for sure, "probably test driving it", so I took him outside with me to wait for it to show up. Sure enough about 15 minutes later two clowns came pulling in in my car and got out carrying their Hardee's lunch. Neither of them were the mechanic that worked on the car, in fact one guy didn't even work at the dealership

That is horrible!! I really want to know what you did in that situation.

 

[Mccarlin]

Hey roadtrip, sorry to hear about this.

I live right in your backyard in algonquin and i'd REALLY like to know what dealership this is so i cant STAY FAR AWAY from them. You can PM me the info as to not make it public.

Hope everything goes good, if you need to get your Viper fix in i'd be more than happy to swing by and we can go for a cruise