• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Damage to test drive vehicle at mechanic's parking lot; dealer wants deductable

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.


No, because I am ALSO done beating my head against that particular wall.

You are saying no because you can't. It was not a coincidence that it happened to three other [presumably careless] people in the short time my mechanic had been open there. After it happened to me, and I told him and his wife that they should put something on it to increase its visibility, that's just what they finally did. There are exceptions to every rule; it is okay to see a shade or two of grey.

You certainly should not come out swinging at someone who is simply seeking information, unless of course that is what you get off at while sitting on this board.

I have a suspicion most if not all of you guys (especially those intent on flaming me) are really not qualified to give legal advice. I sat down with an attorney, told it like I did here, and didn’t get anywhere near the same response, in attitude, or in matter, as some of you guys have given me in this thread. Seeing to it as there is high likelihood non of you are real attorneys (and thus, again, really not qualified to give legal advice) that makes me believe the real reason you sit here, giving out advice, is to make yourselves feel smarter, or more educated, than you really are.

For those new to this forum, reading and thinking about using this forum for advice, beware. Nothing is free, especially the advice here. The price you pay is the price you see I will have gone through to get information that I may or may not be able to trust and will need to verify with real legal professionals nonetheless.
 
Last edited:

ecmst12

Senior Member
Before you get in your car, you are supposed to observe your surroundings, especially if you are not overly familiar with the area (like if someone else parked the car for you). Then you can note any obstacles that you might not be able to see from inside the car. Paying full time and attention means just that - not just from behind the wheel but the whole process surrounding driving your car. Turning the key and putting your foot on the gas is a RESPONSIBILITY to do these things. This is not a legal technicality that makes you liable, you WERE careless and negligent!

I did not want to further explain because it's pointless to argue with someone who refuses to accept they screwed up and they could have avoided a mishap that they have convinced themselves was beyond their control, when it clearly was not. So this is the last I have to say on the matter.
 

Zigner

Senior Member, Non-Attorney
I sat down with an attorney, told it like I did here, and didn’t get anywhere near the same response, in attitude, or in matter, as some of you guys have given me in this thread.

To the attorney, you are a "customer" - that makes a BIG difference ;)
 
I has been almost 2 years since this thread was last active, but I thought I would provide an update since a critical piece of advice was never given.

Back then, around the time this thread was active, I received a letter from the dealer asking for their "$1000 deductible". Shortly thereafter, my insurance company requested from the dealer a copy of their Garagekeepers Policy as proof that their deductible was indeed $1000. We never heard from the dealer again; end-of-story.

The dealer could have said their deductible was $1000, $10,000 or $1,000,000. Regardless of whether it is my fault, or responsibility to make the dealer whole, the point of this thread was to proceed with due diligence. None of the thread contibutors, particularly Zigner et al., were capable of providing any such useful information. If they are still around providing advice, I would take it with a little more than a grain of salt. Good luck!
 

ecmst12

Senior Member
And yet, nothing you were told was wrong, you just got lucky that the dealership decided not to pursue the matter.
 

Zigner

Senior Member, Non-Attorney
That's right... "Zigner, ecmst12, et al."

Any other useless contributors want to come forth and claim authorship?

Please explain what part of my post was wrong:


What I said before is: You are required to pay for the damage you caused...

That is not entirely true. What I SHOULD have said is that you are fully LIABLE for the damage you caused.
 
In the past two years, I am sure I am not the first to point out that the only advice you offer is the painfully obvious and inflammatory that offers little to no help.
 

Zigner

Senior Member, Non-Attorney
In the past two years, I am sure I am not the first to point out that the only advice you offer is the painfully obvious and inflammatory that offers little to no help.

I'll take that as "You were absolutely correct in your advice regarding my situation".

Thank you for the compliment :) Glad you lucked out!
 

Zigner

Senior Member, Non-Attorney
Take it as "Your advice was garbage."

You're correct...what I *should* have said was that you meant: "You were absolutely correct in your advice regarding my situation even if I didn't want to hear it".

And, throw in a neener neener too! :rolleyes:

Again, congratulations on your stroke of luck.
 

justalayman

Senior Member
Take it as "Your advice was garbage."

actually, it wasn't. You were liable for the full amount of the damages, not only because you were driving the car but because you signed an agreement stating so.

The dealer had no duty to even file this with their insurance company. They could have sued you for the full amount of the damages without even involving their insurance company.

What your insurance company would cover is between you and your insurance company and controlled by your policy.

and yes, the accident was 100% your fault as well. A driver of a vehicle is charged with being aware of their surroundings and avoiding and stationary obstacles.
 
Correct and relevant are two different things; for advice to be useful it has to be correct and relevant. Your posts are neither.

You and your friends only seek satisfaction on these boards in being as irrelevant and inflammatory as possible, meanwhile attempting to appear factually correct. It is clear it is a game to you and it is a shame the administrators allow you and your inflammatory friends to run amok on these forums.

Luck had nothing to do with it, and I'll go ahead and point out the obvious for anyone but you and your partner(s): in all likelihood, the dealer did not pursue any further action because there was a discrepancy between what they said and what was actually their deductible. They were banking on me paying no questions asked, but instead they got caught in their own lie. If this were not the case, they had no reason not to pursue further considering how much effort they had already put in and how little effort it would have been to continue. Fax the Garagekeepers and get your money. That simple.

What further irrelevant inflammatory garbage do you have to contribute?
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top