Dealership crashed Mini during test drive
#176
01-02-2013 | 09:37 AM
Please consider putting down the pitchforks.
Fact of the matter is this isn't about the tech at all. He may have caused the accident, even if it was intentional, the dealership is responsible. The tech probably understands the severity of what occured, his job or title might have been threatened, so please consider a slice of empathy; in my opinion it shouldn't really be up for public discussion.
The dealership is the responsible party, and the insurance company works on their behalf. Consider aiming your judgements towards these two parties and not individuals.
Fact of the matter is this isn't about the tech at all. He may have caused the accident, even if it was intentional, the dealership is responsible. The tech probably understands the severity of what occured, his job or title might have been threatened, so please consider a slice of empathy; in my opinion it shouldn't really be up for public discussion.
The dealership is the responsible party, and the insurance company works on their behalf. Consider aiming your judgements towards these two parties and not individuals.
#177
01-02-2013 | 09:40 AM
3rd Gear
Joined: May 2011
Posts: 190
Likes: 0
From: Boxford, MA
Hate to burst your "deap pockets" theory bubble, but it's basic tort law. Without bothering to look it up, I believe it goes back to English common law. Unless he can show a "frolic or detour", an employer is liable for damages caused by an employee within the scope of his job.
It was part of the technician's job to do road tests and evaluations on customers' cars. Therefore the dealership is responsible for any damage the technician causes while on those drives. Now let's say that while on a road test, the technician decides to drive off the route a couple of blocks and visit one of the neighborhood's "independent pharmaceutical distributors" for a nickle bag and a few grams of meth. In that case the technician would be liable as he went outside the scope of his employment to run a personal errand.
It was part of the technician's job to do road tests and evaluations on customers' cars. Therefore the dealership is responsible for any damage the technician causes while on those drives. Now let's say that while on a road test, the technician decides to drive off the route a couple of blocks and visit one of the neighborhood's "independent pharmaceutical distributors" for a nickle bag and a few grams of meth. In that case the technician would be liable as he went outside the scope of his employment to run a personal errand.
#179
01-03-2013 | 10:47 AM
Thread Starter
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1st Gear
Joined: Jan 2010
Posts: 34
Likes: 0
Update
Happy New Year to everyone!
As stated earlier I have the agreed upon settlement from the insurance company (cash not in hand yet), and have a verbal agreement with the dealership as to the specifics of the new vehicle pricing.
I visited the crashed Mini yesterday to clean it out and to drop off the rear seats (removed so I could fit in a donut tire - and, according to the insurance company, worth $4000
) It looks like it is going to be purchased and repaired to be put back on the road....hope they have better luck than I with it!
For the new vehicle purchase I will be purchasing the vehicle for invoice minus a small amount.
I will be going to the dealership next Friday or Saturday to sit down and hammer out the specific features I must have, and the features that would be nice, and let them find a Mini that fits my needs. The time delay is due to a combination of Lasik today and a business trip scheduled for next week.
--Terminal
As stated earlier I have the agreed upon settlement from the insurance company (cash not in hand yet), and have a verbal agreement with the dealership as to the specifics of the new vehicle pricing.
I visited the crashed Mini yesterday to clean it out and to drop off the rear seats (removed so I could fit in a donut tire - and, according to the insurance company, worth $4000
) It looks like it is going to be purchased and repaired to be put back on the road....hope they have better luck than I with it!For the new vehicle purchase I will be purchasing the vehicle for invoice minus a small amount.
I will be going to the dealership next Friday or Saturday to sit down and hammer out the specific features I must have, and the features that would be nice, and let them find a Mini that fits my needs. The time delay is due to a combination of Lasik today and a business trip scheduled for next week.
--Terminal
#180
01-03-2013 | 11:20 AM
2nd Gear
Joined: Aug 2012
Posts: 78
Likes: 0
#181
01-15-2013 | 02:46 PM
Thread Starter
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1st Gear
Joined: Jan 2010
Posts: 34
Likes: 0
Final Update
This weekend I received the final settlement from the insurance company - the total amount was $16,500.
Since the time of the accident my vehicles needs have changed (am moving to a house accessible only through rather rough roads) and thus decided to change to a vehicle that can handle the conditions better than a Mini.
Thus today I dropped off the loaner Mini that I've been driving for the past few weeks to the dealership, talked to my service adviser and GM for a while, then walked over to another dealership and picked up a new car.
While this whole experience was highly disappointing (I really loved my Mini and didn't want to lose it!) I have nothing but positive feelings towards the dealership, and if I decide to purchase a Mini in the future would have no problems with doing business with them. Again, I still have no reason to believe that this was nothing but an unfortunate accident - and as mentioned earlier my service adviser worked hard to get a lot of work covered by Mini USA for me despite the vehicle being out of warranty.
Since this closes out the rather long saga, I may as well state that the dealership in question is Mini of Ontario in Southern California. Again, I personally would have no problem with doing business with them in the future if I get another Mini.
Also, thank-you to this forum - I appreciate all the feedback I received and also the ability to vent a bit
! Hope to see you guys on the road in the future!
--Terminal
Since the time of the accident my vehicles needs have changed (am moving to a house accessible only through rather rough roads) and thus decided to change to a vehicle that can handle the conditions better than a Mini.
Thus today I dropped off the loaner Mini that I've been driving for the past few weeks to the dealership, talked to my service adviser and GM for a while, then walked over to another dealership and picked up a new car.
While this whole experience was highly disappointing (I really loved my Mini and didn't want to lose it!) I have nothing but positive feelings towards the dealership, and if I decide to purchase a Mini in the future would have no problems with doing business with them. Again, I still have no reason to believe that this was nothing but an unfortunate accident - and as mentioned earlier my service adviser worked hard to get a lot of work covered by Mini USA for me despite the vehicle being out of warranty.
Since this closes out the rather long saga, I may as well state that the dealership in question is Mini of Ontario in Southern California. Again, I personally would have no problem with doing business with them in the future if I get another Mini.
Also, thank-you to this forum - I appreciate all the feedback I received and also the ability to vent a bit
! Hope to see you guys on the road in the future!--Terminal
#183
01-15-2013 | 02:59 PM
Thread Starter
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1st Gear
Joined: Jan 2010
Posts: 34
Likes: 0
#184
01-15-2013 | 03:22 PM
3rd Gear
Joined: Oct 2012
Posts: 190
Likes: 0
I'm glad you found something! I hope you love Subaru as much as I do! They are very loyal and fun cars. They laugh at snow! They also have a huge forum and are very active. Someone on the forum once mentioned seeing our Subaru in DC to our son who lived in San Diego. A little creepy and surreal, but they are avid fans.
Again, I commend your attitude. It is a rare situation when people are out to harm us on purpose. Usually people are too self-centered to even think about others, much less hurting them on purpose, lol. I like your attitude.
Again, I commend your attitude. It is a rare situation when people are out to harm us on purpose. Usually people are too self-centered to even think about others, much less hurting them on purpose, lol. I like your attitude.
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