A Comedy of Errors

[barondw]

Bye Enzo

I'll keep it real simple. I totally agree with Neil its new car time, especially since they admit doing the damage. Unless the car is taken apart no one for sure knows what damage was done. Even then if something happens 6 months from now or later you will be up the creek withoput a paddle. I don't think you will be happy everytime you think you hear a strange noise.

I commend you for keeping your cool, because you know that yelling and screaming almost always gets nothing in return except more aggro.

Dave

 

[saber]

Bye Enzo,
I am sure the car will be fine, stay on the dealer and ensure that every panel under the car is replaced. View the bottow with the panels off and see what you think. I went airborne in my 911 and did 10,000 worth of damage because the oil pan, engine and transmission mounts cracked and they were intergral to the main parts. So by viewing the under side you should get a good idea of how "big" a hit the car experienced. I agree if the hit was big enough to damage the frame (which I doubt) insist on a new car.

My prayers are with you and your girlfriend, happy new year to all.

 

[Kirby Vieira]

A Comedy...

Enzo,
Neil nailed it. They should either provide you an identical new car or take the car back and reimburse you for all of your costs and expenses. I recommend you write the GM a demand letter, and if he does not agree, contact an attorney. Don't let your blessings influence your insistence that the dealer do the right thing.
Kirby

 

[Paul Vincent]

ByeEnzo, Ask yourself this: What would a dealer do if it were his new limited production/expensive car (that another dealership damaged because of irresponsible behavior)? You know the answer; He'd demand (and get) a new car. One more thing; if you think that this incident did not diminish your GT's value, then that gives you all the more reason to insist that the dealership take the damaged GT back and give you a new one in return. Why? Well, since its (the damaged GT's) value hasn't diminished, then the dealership should be able to turn around and sell it without a loss, and in doing so it will forever take you out of the undesirable position that you are driving a car of diminished value...a car that might have issues its entire life - a car that will never have the same value as an undamaged GT.

 

[Vic]

Bye Enzo, sorry to hear of your troubles. May God bless your 2006!

I distrust dealers and shops because of experiences like yours.

Here is my post from the Viper board of my experiences with Clark's Suspension in Lake Forest, CA. Of course my Viper isn't worth as much as a GT, but the point here is, YOU HAVE AN OBLIGATION TO YOUR SELF to stay with your car, so take the initiative and demand to be in the passenger seat if the car needs to be test driven. Yes, the dealer is responsible for your damages, but I'm not talking about legal recourse, you certainly have that avenue and should persue them. What I'm talking about at the moment is how to avoid damage from shop jerks. By insisting to go along on a test drive, joe-shmoe mechanic won't have the chance to joy ride your car. They might hate you later, but at least your car will be protected. Here is how it went with me at Clark's Suspension.

<snip>

Here is what pissed me off about "Clark", the owner of the shop. When he gets it off the alignment rack, I am standing near the door to the vehicle bay, and he backs the car out, makes a three-point turn in the parking lot right where I am standing, then he just cruises off, to go for a test drive in my Viper all by himself. Now I know a lot of shops do this when you are not looking, but since there have been many reports on this board about strangers totaling customer's Vipers, I figure he should have told me he was going for a test drive and invited me to come, at least. So I yell out loud at him as he is taxiing away from me in the lot-

~"CLARK"~

He stops the car, looking in the rear view mirror at me.

I come and open the passenger door, get in and say to him, "I'd like to go with you".

He acts like I am distrustful of him, gets visibly perturbed, and puts it in nuetral, pulls the ebrake, and gets out briskly, saying he was just checking to see if the steering wheel was straight. I didn't need him to tell me why he was test driving it, in fact, I expect him to test it, to check his employees work. But he felt he needed to offer that explanation, though unasked. Its obvious I have annoyed him by wanting to go on the test drive with him. That struck me kinda odd, because I have a keen interest in going along, to see what he observes about the car's handling. Maybe I can learn from his years of doing suspension work? But he seems pissed that I wouldn't let him go alone, and tells me to drive it myself, and walks away.

I drive it a bit, feels great, then bring it back to pay the bill. He checks me out quickly, saying little, then hands me the paperwork hurriedly, and says "see ya", like "hit the road", sorta in that tone of voice. He acts like he doesn't want me to come back.

So I'm the bad guy for wanting to go along on the test drive in my own car. Sure, I'm a real bad man. I shoulda let him just drive it by himself, so he could jump on it to see what it feels like, then maybe wrap it around a pole. Doesn't matter if he was Mario Andretti, he should have offered to take me along, that would have been the right thing to do, and not just drive by me without even telling me he was going, what he was doing, no, he just drives my car right by me for his own personal little unattended test drive and left me standing there. Isn't this how a lot of customer's cars get totaled by unfamiliar maintenance mechanics? Don't I have the right to come along, when someone drives my Viper? Of course I do! But Clark thinks differently, and gets pissed if you wanna go with. How dare I want to go along with him! I'm so unreasonable like that.

Word to the wise. Avoid Clark's Suspension!

<unsnip>

Lastly, check out this thread about a car that was totaled by the dealership. He did o.k. in the settlement. There may be some ideas in there to help you in your case. I think this guy has a Ford GT now, and posts here.
http://vca2.viperclub.org/forums/sh...27&page=0&view=collapsed&sb=5&o=&fpart=1&vc=1

 

[ByeEnzo]

I talked to several people locally in the know who urge me to either get my money back or to ask for a new car (seals intact and all). Hell, even my sweetheart thinks I should start over. One of my friends raced for Carroll Shelby back in the day and he will go with me Tues. when I plan to meet with the GM. He has a great perspective on the history of the GT40 and also knows that I'm a car afficianado and earnest car collector. He also has more experience in the art of negotiation. The car is tainted goods in my opinion and I do have concerns about integral components of the rear birdcage, i.e the engine and transaxle. They are stress members and a cracked or stressed aluminum bell housing is certainly a possibility as all the defusers in the back are damaged. I don't want to have to worry about any of that in the future whether it goes in my car collection or is actually driven hard. So, I'm going to start with those 2 options and go from there. Only if there is complete resistence will I discuss legal recourse, although I have an attorney friend who has restored several Corvettes and is a collector like myself. The way I see it, they abused my car by taking it over 5 miles away from the dealership to "test the charging system". They even admit that they have a policy where cars aren't supposed to leave the dealership. The can't explain why this occured and really don't have a leg to stand on legally. Last time I looked, I thought you could check all these things with the car static in the shop on the computer. The mechanic thought he could justify a little ride down the road and no one would ever know. Kind of like the car park attendants in Ferris Bueller's Day Off. Since this is an AutoNation dealership there should be no problem getting an identical new car brought in for me. I honestly think they could fix this problem rapidly because of the size of their corporation. We also know the automotive writers for the local newspaper and I don't think they want any negative press about this type of thing. If they fix the wrecked car to their satisfaction, then they should have no problem selling it as a low mileage demo or used car. Happy New Year and I'll keep you guys posted.

 

[Neilda]

Vic, that's just an outrageous story - I would have been furious at their reaction to you. The way customers are treated is extraordinary. Grrr!

Bye Enzo, sounds like you have a rational and well reasoned arguement to put to this dealer. You must stick to your guns on this one - damaging your car in such a way is completely unacceptable and they should be the ones penalized - not you. A new car or a full refund. Period.

Your girlfriend has had one hell of a year hasn't she? It puts a lot into perspective just having a brief snapshot of her ordeal. A brave girl.

Good luck to you both in 2006 and please do keep us posted on how this dealer treats a buyer of Ford's flagship car.

 

[Steve T]

ByeEnzo - Just wanted to let you know that if you want an extra set of eyes with you on Tuesday, just let me know. I will be at my Weatherford office on Tuesday and it only take 15 minutes to make it to Hillard. I can bring the GT over if you want one to make some visual comparisons. You will have to understand if I do not trust them to put mine up on the lift. In the future, if you need service, you might want to try Southwest Ford in Weatherford. They treated my car (and all GTs) with the respect due to Ford's flagship.

And more importantly, it is inspiring to here the story of your girlfriends recovery. I hope she continues to improve in the coming new year.

 

[B O N Y]

Will be waiting for an update from Bye Enzo. One important point, if the fine print on the back of the service work order allows test drives by the dealer and has not been crossed out or modified by the car owner, the owner's recourse could be weakened. The owner will have to prove willfull negligence. Not suggesting that this is not the case here, just a point of consideration.

I had the pleasure of having a brand new CLK backed into a service rack by a senior tech (Frank) at Herwaldt Mercedes Benz here in Fresno. They provided me with a Ford Focus loaner, which I forced them to upgrade to C230 while the car went to an independent body shop for two weeks. In reviewing the fine print on the work order I decided that was the best I was going to get. It is great to get the first damage on a new car accomplished by the dealer....not.

 

[ByeEnzo]

Ironically, I didn't sign anything when I brought the car in to the service bay. That actually helps my case, since it's my word against their's, and they still can't get their story straight at this point. I submitted a formal letter to the GM today covering this issue (unauthorized use of my vehicle off the dealership property), asking for a new car or a full refund (including TT&L, and my expenses for the clearshield etc.) I told him that the only way to take care of the problem is to provide me with a brand new "factory original" identical car. I do not want a collectable car that I know has been wrecked at 300 miles on the ODO, that has replacement body panels. I provided him with digital photos which show the cracked nose of the car. That whole nose piece and the air diffusers, front and back, need replacement. It was a very civil discussion and I gave him till the end of business Friday to give me an answer. I also stipulated that I want a new car within 14 caledar days. I don't think AutoNation would have a problem finding and shipping a car to this location within that time frame. Wishful thinking... we'll see how things pan out. Without being threatening, I also advised him that I was firm in my request and willing to go the legal route if necessary. Steve T, thanks for your offer, but looking at my car is too depressing for anybody else to have to endure. Hope to see you on the road around Weatherford sometime.

 

[drive4fun]

Enzo,

A couple of thoughts.

1. Chat with a lawyer, it is smart to know where you stand. Also, check out Sports Car Market magazine from about 9 months ago--it had a piece on 'diminished value' liability --focusing on the fact that a repaired car is not worth the same as an untouched car.

2. Try to keep things professional/cordial with the GM; AutoNation has a bigger legal department than you do--and sometimes winning is still losing, particlularly when it comes to lawsuits. They can chew up your time and money and create ongoing frustration. They also don't always turn out the 'way they should'.

3. Insist on a new car.

4. Keep your healthy perspective.

Every time I sell a car, I tell the prospective buyer everything I would want to know if I was in his shoes. This is a cheap price to pay to sleep well.

When I buy a car, I look the owner in the eye and ask if the car has ever been damaged in any way or seen paint beyond the factory. While a truthful 'yes' doesn't mean I won't buy the car, if I do, I certainly click down the pricing knob. (On a low miles GT, a 'yes' is a five figure click.) Having done body work and painted more than a few cars myself, I can usually spot work. Most lies are easy to sense, in which case I don't buy the car. A higher authority can handle the really good liars.

Good luck.

 

[I Speed]

good choice

ByeEnzo
I have the red car that was parked beside yours at the dealership. I am glad to see you are not accepting the REPAIR job :thumbsup And guess what, back at work today I had an e-mail from the mechanic that took the ride. He admits to some minor damage that he caused. Not sure if it will help any but I will keep it until this is all completed to your satisfaction just in case. Sounds like I need to take Steve's advise and do a little recon out at Southwest. Don't give up.

 

[ByeEnzo]

I Speed, thanks for the info. You're welcome to PM me and I'll give you my email if you want to forward the info to me. I'd like to see the email the mechanic sent you. He took my car for a "test drive" almost 7 miles from the dealership. If you are familiar with Fort Worth, he went west on Loop 820 to the Chapin Rd. exit on the west side of town. That's near the Frank Kent dealership and Hwy 80. The entry to this small farm-market road is rough and narrow. It has a sharp Left-Right turn on it with lots of loose gravel. I think he had the "off" in the turns. There's bar ditch on both sides and fencing within a few feet of the road surface. I've bicycled and ridden my motorcycles out there, but it's not the road I'd take in a low slung sports car. I'm waiting for the written statement from the mechanic, GM, and service manager. Will call them tomorrow to see what "story" they have come up with.

 

[B O N Y]

Well, I think you case is pretty air tight, a car with 350 miles is damaged on a joy ride by a tech. If there is a car fax or any paint work there will be diminished value. I would be shocked if you get written statements from anyone, at this point the dealer knows they are in deep kimshee and I am sure their regional managers I aware of the issue.

If you need an attorney, get one that specializes in exotic and collector cars.
May I suggest John Draneas who writes a column that appears in SPORTS CAR MARKET. I would email him and also include a link to this thread on the forum.
Ask him for a Texas ref, his email is legalfiles@scmmarket.com

 

[Bill Briley]

I hope all gos well and the Dealer gets you a replacement GT. This is the only honorable solution.
If the Dealer is not willing to replace your GT,,,,,,,,,,,threaten him with having GTJoey come to his Dealership and straighten him out!

Best to all in 2006!!

 

[ByeEnzo]

Bony, thanks for the contact. I've given them till Fri to make a decision on replacing the car or giving me my $ back. After that its correspondence from legal representatives.

 

[B O N Y]

Bony, thanks for the contact. I've given them till Fri to make a decision on replacing the car or giving me my $ back. After that its correspondence from legal representatives.

ByeEnzo, man I am bleeding with you. The sick thing is you can go to the Vette or Viper forums and read about the same tales of incompetent dealers.
Your strong points are that you did not sign a paper allowing them to 'test' the car. In an earlier post you mentioned paying off the car, that would not help or weaken your case at all, you signed for it, you own it as far as the law is concerned.

And,.... not to badger you, if you need a lawyer, make sure they understand collector cars and diminished value.

Search a thread on Ferrarichat called "car fell off the transporter" an if I recall correctly the venue is/was in Texas. You can learn alot from others.
Best of luck to you and of course your galpal.

 

[ByeEnzo]

I emailed the attorney, John Draneas, who writes for Sports Car Market Magazine. He pretty much repeated all that you guys have been saying.... diminished value, etc. If they don't think the value is diminished they should have no problem reselling it. He thinks a full refund is the quickest and cleanest way to go. They probably aren't going to be motivated to find me a new car. The car is at the body shop up on a lift and I may sneak by there tomorrow to look at it, work permitting. I'm trying to keep a low profile until they answer me on Friday.

 

[B O N Y]

Good move, on Friday if you don't get satisfaction, get the names, phone numbers of the regional executive at AutoNation. A GM at a car dealership is a nice middle class job, right now he is thinking what this "FU" is going to do to his bonus because he is paid a slice of the profits. Most likely you can get all this information from the internet, or have your broker pull
up the 10k report on AutoNation. Then be prepared to give the regional guy 48 hours before you slam a fedex letter on the CEO, and every member of the BOD.


If they can't find you a car, get a refund for what you paid, plus upgrades and start shopping.

 

[ByeEnzo]

I got on line and got the names of all the board members at both AutoNation and Ford Corporate. I'm gonna start with the Texas region AutoNation director and then move up from there as needed. My attorney here in Fort Worth can get up to speed real fast after that. All he has to do is read this forum thread.