Car vandilized while at dealer for maint. and they say they AREN'T liable?!?!

[jmwsf]

What is the name of your state? FLORIDA

Short version: took car to dealer for repairs (engine light), while there it was vandilized overnight (keyed) along the length of both sides. Dealer called us but said that they aren't liable for anything.

Longer Version: we have been having this reoccuring check engine light problem that the dealer has been unable to fix in 7 visits over the span of 12 months. During the most recent visit the vehicle was extensively keyed. The dealer offered their regrets but said they weren't liable and spouted off something about a florida state law exempting them as long as they "provide the same security for customer vehicles as they do for their own". Talked to my insurance company and they are looking into it for me as well but the condition of the lot where the car was parked at has me questioning it.

The new car section has 4 pod light stands every 6 cars in every other row while the customer car / maint section has only 2 individual lights for an area approx 75 yards by 50 yards and those are located on the ends of the 75 yards long rows. To me this would indicate less "security" for customer cars than the new ones out front. A dealer employee working in their Service department said that we should fight it and the dealer should pay the bill...

So, is the dealer liable and are they responsible for paying for the repairs? What is the name of your state?

 

[JETX]

So, is the dealer liable and are they responsible for paying for the repairs?

Based on your post, no.
They have no obligation to exercise more than a 'reasonable level of care'. There is nothing in your post to indicate they did less than that.. or were negligent at all.

 

[ecmst12]

And as far as the check engine light, you do realize it could have gone off for 7 different reasons and they fixed each one as it happened, right?

 

[jmwsf]

And as far as the check engine light, you do realize it could have gone off for 7 different reasons and they fixed each one as it happened, right?

Yes I realize that, however find that highly improbable as each time the code comes back related to the same system and in some cases the same part...

As for the liability for the damage - so the lack of sufficient lighting would not be an indication of neglect? What about the Florida statute that says they have to provide the same security measures for customer cars as their own vehicles?

 

[BelizeBreeze]

Yes I realize that, however find that highly improbable as each time the code comes back related to the same system and in some cases the same part...

As for the liability for the damage - so the lack of sufficient lighting would not be an indication of neglect? What about the Florida statute that says they have to provide the same security measures for customer cars as their own vehicles?

you can grasp at any straw you think you have, but in reality it's still a straw.

 

[jmwsf]

you can grasp at any straw you think you have, but in reality it's still a straw.

If thats what it is then it sucks but ok...I am just wondering why my insurance company seems so positive about getting the dealer to pay it?...

 

[BelizeBreeze]

If thats what it is then it sucks but ok...I am just wondering why my insurance company seems so positive about getting the dealer to pay it?...

Because they don't want to

 

[ecmst12]

If they succeed, they'll give you your deductible back....just consider it a bonus if they win

I know "check engine" issues can be tricky though, there could be another problem that's causing the same part to fail multiple times and that could be what they're having trouble diagnosing...but at any rate, it might be time to try a different shop!

 

[mikez]

i've been in a similar situation.
Call the dealer's owner, explain to him your situation and how you've been a loyal customer. any real owner, with good customer service in mind, will pay for the damages on your car.

Its not a matter of what the laws are, its a matter of customer service, and the dealership taking responsibility, and taking care of their customers.