So this happened... Ouch

Take a look at this link discussing another incident where a dealer crashed a customer's car. My suggestion is if a local TV station has a consumer type reporter, write to them about your situation. Alternatively, you might want to contact the "ABC Fixer" (ABC News Fixer Tipline - ABC News) since your situation is similar. Sometimes negative press, local or otherwise, will get results. Contacting the manufacturer will most likely be futile. Contact the franchise holder of the dealership. If a national dealer, contact the CEO of the dealer network. Still, your best bet will be a local or national consumer affairs reporter.

Link: When the Dealership Crashes Your Car - ABC News

On another note, the CA Code cited in your posting does not seem to apply in your situation. I believe it addresses new car sales where the dealer must disclose damage in excess of the stated thresholds before they sell a car.

Your situation is different where you stated the damage was caused presumably through the negligence of one of the dealer's employees after, in good faith, the car was left for service. (You might want to search the term "bailment" and the responsibilities of the parties where you were the "bailor" and the dealership the "bailee".)

Rather than disclosure, I believe the term you seek is "diminished value"; specifically in your case, "repair related diminished value". Few states recognize diminished value claims; however, I believe California does recognize diminished value.

This posting is in no way meant to be legal advice nor legal opinion and is not the product of an attorney. It is meant to be a simple posting of this individual's opinion.

Good luck. I feel your pain. Hope this helps.

 

All I keep thinking: you went in for an oil change or whatever, and they dropped you in a world of hurt.

 

The code specifically applies to dealers not to you as an individual. When reading Code, you need to also look at the specific definitions of the terms in that particular section. If you look at VEH Code Division 1, Secs. 285 and 286, will see you are specifically excluded (Link: Codes Display Text)

You have no disclosure obligation under the Code you cited. However, moral obligation is something you will need to decide for yourself.

Hope this works out to your satisfaction.

 

OK....

So first of all you're not going to be where you were before your car got wrecked.
I'm sorry......but that's just the cold hard truth.
I think that you DO have the right to a repair that meets the 'standard of care' for the industry, but until somebody invents a time machine I'd just settle for good nuff.....since you're going to have to anyway.

You're reaching a point of diminishing returns for what they're going to be willing to do for you, and pretty soon it's going to get to the "Have your lawyer call ours" point of negotiation.
Meanwhile......your car will have been restored to operability and probably be 95+ percent cosmetically repaired - as a pessimistic guesstimate.

My advice:
If you lived in one of the great concrete wastelands where there are multiple listings for "pet psychologists" then I'd seek a diminished value claim. I'm just guessing here, but I think that rural Virginia is not such a place.

You've already purchased the extended warranty, so my advice would be to USE IT.
Let the car pay you back for the initial investment, use another dealership or independent mechanic for scheduled maintenance, and just drive the car. Pretty soon, hood dings and door bangs will do their work and you'll be left with what you would have originally been left with in three-four years anyway.......
A high mileage, mechanically reliable vehicle with mostly straight panels and paint.

Defecation occurs.
Defecation HAS occurred.

Don't let it consume you.

 

What can they give you other than that extended warranty since it's moot? Do you need any OEM accesories for your car? Like door edge guards, cargo net, mats, etc? I would ask them to comp that instead which is what I did when the dealership did me dirty on a fix for my new C Three. Also be sure you document them on Yelp with a scathing negative review so it's permanent. At least my dealership was responsive after I did as such.

 

Toward the right of the photo near the crease below the window there are still scrape marks.

 

Something green near the bottom back panel.

Glad it seems to have worked out for you. Do you have "service day" fears now? I know you have given them to me.

 

Yeah, when they're not doin' in your bodywork, they can go back to grossly over-torquing nuts, breaking/losing plastic fasteners, forgetting to put in the oil filter, spraying great gobs of "lube" all over your door hinges.

 

I see that now.

 

My Prime is fixed like new again after insurance paid $7515 plus $710 for 3 weeks of car rental. Parts for the Prime were on back order for 2 of the 3 weeks!

#1 in Easley,SC

 

Thank you! Yes it is! Here is another pic. I got the windows tinted and took the hub caps off and put center caps on.

#1 in Easley,SC

 

A lot of these dealers hires these young 20 year olds service technicians. When I first bought my 09 Prius over a year ago it had the SRS light on. There was no open recall for Takata air bag recall for my vehicle. A Toyota service technician replaced one computer control module in the dash that wasn't done for the recall but he failed to figure out why the SRS wouldn't go out as he thought the sesnor was broken and would have to replace the front passenger seat. I instead hook up my TechStream and fixed it myself in 5 minutes. It was simply, the occupant sensor was out of calibration. I recalibrated the seat, re weight it, cleared the fault code and the SRS light went out.

Posted via the PriusChat mobile app.

 

Did you let them know how you did it?