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Old 04-14-2016, 08:50 AM
 
73 posts, read 44,880 times
Reputation: 92

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left my brand new car at the dealer for repair a few days ago and got a loaner vehicle. before they gave me the loaner vehicle, they asked for my insurance and driver's licence.
I was just notified that my car had sustained a minor hail damage on the side and that I should contact my insurance.
I'm super pissed. The dealer said that they had no idea it was going to hail. i kept the loaner car in my garage during the storm without any damages.
My car was damaged in their possession so why is that my problem ?!
So following their logic if the loaner vehicle were to be damaged in any way then I would be responsible for it.
So why doesn't that apply to the dealer ?
What's the best way to handle this ?
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Old 04-14-2016, 09:27 AM
 
3,139 posts, read 5,157,678 times
Reputation: 1743
Quote:
Originally Posted by StormNinja View Post
left my brand new car at the dealer for repair a few days ago and got a loaner vehicle. before they gave me the loaner vehicle, they asked for my insurance and driver's licence.
I was just notified that my car had sustained a minor hail damage on the side and that I should contact my insurance.
I'm super pissed. The dealer said that they had no idea it was going to hail. i kept the loaner car in my garage during the storm without any damages.
My car was damaged in their possession so why is that my problem ?!
So following their logic if the loaner vehicle were to be damaged in any way then I would be responsible for it.
So why doesn't that apply to the dealer ?
What's the best way to handle this ?
File a claim under your vehicle insurance. If your insurance believes the dealer is liable for damages, they will pursue collection from the dealer or their insurance.

Given the circumstances, I believe it is highly unlikely the dealer could be held liable for the damages. Was the dealer responsible for the hail? Did they fail to take reasonable precautions to prevent your vehicle from being damaged by a potential weather related event? Were the circumstances that caused your vehicle to become damaged, beyond the dealer's control? These are questions that the insurance carrier will have to have answered, before they can be determine liability.

Bottom line, this will probably be considered an "Act Of God".

As for the loaner car, they need your insurance info to verify that you have Liability coverage.

Last edited by ged_782; 04-14-2016 at 10:14 AM.. Reason: Add loaner car insurance explanation.
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Old 04-14-2016, 10:36 AM
 
Location: We_tside PNW (Columbia Gorge) / CO / SA TX / Thailand
22,389 posts, read 39,704,721 times
Reputation: 23408
Yes, your insurance is primary.

Hopefully you have a 'replaceable' car, where there are thousands just like it.
If it is 'newer', (likely if at a dealer for repair). Have the dealer find you at better / equivalent one. (Very quick, ez, and cheap for them to do.)

If it is a classic / impossible to replace... You can shed some tears. Most of mine are classics / impossible to replace, and I have had 4 totaled by distracted drivers. I spend a lot of time PROVING value to other party insurance companies.

Hopefully you won't be forced into that position.
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Old 04-14-2016, 12:08 PM
 
73 posts, read 44,880 times
Reputation: 92
The car is 5 months old. The computer was acting up, nothing to repair. they just did a diagnostics and found nothing.
So if I had parked the loaner car outside and it got damaged, the dealer would claim that through my insurance of course. So now I have to claim my car through my insurance and pay deductible and have my premiums go up ? The damage happened while the car was in their possession, so I will have the dealer fix the car before returning to me. I expect my car to be in the same condition i dropped it off.
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Old 04-14-2016, 12:12 PM
 
Location: San Antonio
7,629 posts, read 14,337,726 times
Reputation: 18705
Quote:
Originally Posted by StormNinja View Post
left my brand new car at the dealer for repair a few days ago and got a loaner vehicle. before they gave me the loaner vehicle, they asked for my insurance and driver's licence.
I was just notified that my car had sustained a minor hail damage on the side and that I should contact my insurance.
I'm super pissed. The dealer said that they had no idea it was going to hail. i kept the loaner car in my garage during the storm without any damages.
My car was damaged in their possession so why is that my problem ?!
So following their logic if the loaner vehicle were to be damaged in any way then I would be responsible for it.
So why doesn't that apply to the dealer ?
What's the best way to handle this ?
Tell them you are going to post the information as a warning not to buy or expect service from XXX company because they do not find themselves liable for damage occurring while your car is in their possession.

I bet they have their body folk take care of "minor damage" vs that kind of bad reputation being spread.
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Old 04-14-2016, 12:35 PM
 
3,139 posts, read 5,157,678 times
Reputation: 1743
Quote:
Originally Posted by StormNinja View Post
So if I had parked the loaner car outside and it got damaged, the dealer would claim that through my insurance of course.
No, they wouldn't. They would have to file a claim through their Comprehensive insurance. Do they have a requirement that their loner cars have to be parked in an enclosed garage at all times when not being driven? What if the customer doesn't have a garage, or was at some other location when the storm rolled through? How does the customer know when and where a hail storm will hit, and how severe it will be? How does the dealer know? Just expect a worst-case scenario at any time?
Quote:
Originally Posted by StormNinja View Post
So now I have to claim my car through my insurance and pay deductible and have my premiums go up ?
You will have to claim through your Comprehensive insurance coverage, and pay a deductible. If your insurance determines the dealer is liable (highly unlikely), and recover the loss through them, you will be reimbursed your deductible.

Most insurance companies do not add premium surcharges for comprehensive claims.
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Old 04-14-2016, 04:25 PM
 
Location: New Braunfels, TX
6,257 posts, read 8,985,070 times
Reputation: 6341
Or......keep your cool and ask them to cover your deductible as a "goodwill gesture". Remember - you catch more flies with honey........
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Old 04-16-2016, 02:16 PM
 
Location: San Antonio
7,629 posts, read 14,337,726 times
Reputation: 18705
Be careful out there folks, looks like the rain is gonna make the next few days potentially VERY dangerous!

..FLASH FLOOD WATCH WILL BE IN EFFECT FROM 10AM SUNDAY TO 10 AM
TUESDAY ...

.SEVERAL ROUNDS OF HEAVY RAINFALL OVER THE NEXT 48 HOURS WILL
LIKELY LEAD TO AREAS OF RIVER AND FLASH FLOODING ACROSS SOUTH
CENTRAL TEXAS...INCLUDING BOTH THE AUSTIN AND SAN ANTONIO METROS.
THE MOST CONCERNING LOCATIONS ARE ALONG AND EAST OF A KERRVILLE TO
PEARSALL LINE. ON AVERAGE, THIS AREA IS LIKELY TO RECEIVE 3 TO 6
INCHES WITH ISOLATED HIGHER AMOUNTS UP TO 8 TO 12 INCHES. IMPACTS
WILL BE GREATER IN THE LOCALIZED HIGHER AMOUNTS THAT ARE EXPECTED
TO BE NORTH OF I-10 AND EAST OF U.S. HIGHWAY 281. LOWER AMOUNTS OF
RAINFALL ARE EXPECTED FARTHER WEST ACROSS THE RIO GRANDE PLAINS
AND EDWARDS PLATEAU BUT ENOUGH COULD FALL TO CAUSE LOCALIZED
FLOODING ISSUES. PLEASE STAY ALERT DURING THIS TIME FRAME FOR
RAPIDLY CHANGING WEATHER CONDITIONS.

TXZ171>173-183>194-202>209-219>225-170345-
/O.NEW.KEWX.FF.A.0001.160417T1500Z-160419T1500Z/
/00000.0.ER.000000T0000Z.000000T0000Z.000000T0000Z. OO/
LLANO-BURNET-WILLIAMSON-VAL VERDE-EDWARDS-REAL-KERR-BANDERA-
GILLESPIE-KENDALL-BLANCO-HAYS-TRAVIS-BASTROP-LEE-KINNEY-UVALDE-
MEDINA-BEXAR-COMAL-GUADALUPE-CALDWELL-FAYETTE-FRIO-ATASCOSA-
WILSON-KARNES-GONZALES-DE WITT-LAVACA-
INCLUDING THE CITIES OF...LLANO...BURNET...GEORGETOWN...DEL RIO...
ROCKSPRINGS...LEAKEY...KERRVILLE...BANDERA...FREDE RICKSBURG...
BOERNE...BLANCO...SAN MARCOS...AUSTIN...BASTROP...GIDDINGS...
BRACKETVILLE...UVALDE...HONDO...SAN ANTONIO...NEW BRAUNFELS...
SEGUIN...LOCKHART...LA GRANGE...PEARSALL...PLEASANTON...
FLORESVILLE...KARNES CITY...GONZALES...CUERO...HALLETSVILLE
241 PM CDT SAT APR 16 2016

...FLASH FLOOD WATCH IN EFFECT FROM SUNDAY MORNING THROUGH
TUESDAY MORNING...

THE NATIONAL WEATHER SERVICE IN AUSTIN/SAN ANTONIO HAS ISSUED A

* FLASH FLOOD WATCH FOR A PORTION OF SOUTH CENTRAL TEXAS...
INCLUDING THE FOLLOWING AREAS...ATASCOSA...BANDERA...BASTROP...
BEXAR...BLANCO...BURNET...CALDWELL...COMAL...DE WITT...
EDWARDS...FAYETTE...FRIO...GILLESPIE...GONZALES... GUADALUPE...
HAYS...KARNES...KENDALL...KERR...KINNEY...LAVACA.. .LEE...
LLANO...MEDINA...REAL...TRAVIS...UVALDE...VAL VERDE...
WILLIAMSON AND WILSON.

* FROM SUNDAY MORNING THROUGH TUESDAY MORNING

* HIGH RAINFALL AMOUNTS LEADING TO RIVER AND FLASH FLOODING: 3 TO
6 INCHES WITH ISOLATED POCKETS OF 8 TO 12 INCHES.

* RIVERS AND CREEKS WILL SWELL QUICKLY WITH LOCALIZED HIGHER
AMOUNTS. FLASH FLOODING IS ALSO POSSIBLE TO LIKELY WHERE STORMS
MOVE OVER THE SAME AREA...ESPECIALLY IN URBAN AREAS. LOW WATER
CROSSINGS COULD BE QUICKLY INUNDATED.

PRECAUTIONARY/PREPAREDNESS ACTIONS...

A FLASH FLOOD WATCH MEANS THAT CONDITIONS MAY DEVELOP THAT LEAD
TO FLASH FLOODING. FLASH FLOODING IS A VERY DANGEROUS SITUATION.

YOU SHOULD MONITOR LATER FORECASTS AND BE PREPARED TO TAKE ACTION
SHOULD FLASH FLOOD WARNINGS BE ISSUED.
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Old 04-25-2016, 05:14 PM
 
Location: San Quilmas, Tx
4,080 posts, read 6,083,584 times
Reputation: 9121
Severe weather moving into south San Antonio (I-35 & 410) moving to the NE with 2.8" hail.
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Old 04-25-2016, 05:31 PM
 
Location: San Quilmas, Tx
4,080 posts, read 6,083,584 times
Reputation: 9121
Moving due north now...headed directly at me. I'll be leaving in a few minutes to get my car under cover.
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