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

[deductable rumb]

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.

Could you explain to me the difference?

 

[Zigner]

Could you explain to me the difference?

It is your responsibility to make sure the damaged party is made whole. That may, or may not mean "paying" cash out of your pocket.

I can tell you this though: If the dealer's insurance covers it, they WILL come after you for reimbursement...

 

[deductable rumb]

I can tell you this though: If the dealer's insurance covers it, they WILL come after you for reimbursement...

They being the dealer's insurance? the dealer (for their deductable)? or both? This makes a big difference. If it is just the dealer's insurance, fine, my insurance is sure to pay them at that point. If it is both, I may as well pay for the repairs myself, but that would defeat the whole point of carrying insurance and paying the premium for a $500 deductable. Is it my fault the dealer has a $1000 deductable?

I think most are quick to flame me because they don't understand that I did everything in my power to make sure nothing would happen to this vehicle. I drove it very carefully, etc. etc. Where the vehicle was parked was out of my control. I was not reckless with it by any means.

 

[>Charlotte<]

I think most are quick to flame me because they don't understand that I did everything in my power to make sure nothing would happen to this vehicle. I drove it very carefully, etc. etc. Where the vehicle was parked was out of my control. I was not reckless with it by any means.

Just because nobody is being warm and fuzzy and putting little smiley faces after their posts doesn't mean they're flaming you. You're being overly-sensitive.

Where the vehicle was parked might have been out of your control, but where it went the moment you put it in drive was in your control. That's the issue.

 

[moburkes]

Just because nobody is being warm and fuzzy and putting little smiley faces after their posts doesn't mean they're flaming you. You're being overly-sensitive.

Where the vehicle was parked might have been out of your control, but where it went the moment you put it in drive was in your control. That's the issue.

100% correct. OP is entirely responsible for the damage, not just the deductible. Since OP has insurance, that insurance will help to pay for the damage that OP caused, which would limit OPs out of pocket expense to $500. However, all of the advice in the entire thread was correct.

 

[Labtec600]

Think the point keeps getting missed here. OP knows he's responsible and he has already tried to submit this to his insurance company but they have denied him saying the dealer's insurance has to pay, meaning the dealers insurance is primary in this, not the OP's.

Also, if the dealers insurance pays, the OP's insurance company isnt going to be involved at all. The dealer lent their vehicle to the OP and it was damaged, the dealer is coming after the OP because they dont want to pay the deductible out of their pocket. The dealers insurance is not going to come after the OP.

 

[deductable rumb]

Think the point keeps getting missed here. OP knows he's responsible and he has already tried to submit this to his insurance company but they have denied him saying the dealer's insurance has to pay, meaning the dealers insurance is primary in this, not the OP's.

Also, if the dealers insurance pays, the OP's insurance company isnt going to be involved at all. The dealer lent their vehicle to the OP and it was damaged, the dealer is coming after the OP because they dont want to pay the deductible out of their pocket. The dealers insurance is not going to come after the OP.

Indeed... and my insurance agent said the same thing about the dealer's insurance not coming after me, although he said it was because the amount is so small, it wouldn't be worth it for them.

 

[Labtec600]

I dont understand how they would come after you even if you totaled the car.

You were a permissive user of the vehicle. They lent the vehicle to you. It would be like lending your own car out to someone and they damage it. It's a simple first party claim and the insurance is not going to come back after the driver.

You were an insured driver in terms of the policy.

 

[deductable rumb]

Just because nobody is being warm and fuzzy and putting little smiley faces after their posts doesn't mean they're flaming you. You're being overly-sensitive.

Where the vehicle was parked might have been out of your control, but where it went the moment you put it in drive was in your control. That's the issue.

Easy to say, but what if it were you sitting behind that wheel, and there was no reason to think that you couldn't pull forward? Of course you pulling forward caused it, but you causing it was not due to recklessness or negligence, or what ever other word you want to call which it was not (unless you're trying to rile me up, which it seems like you are trying to do). You would quickly find being in this situation was undeserved and extremely frustrating, especially when things are not going as smoothly with your insurance as it should.

 

[deductable rumb]

I dont understand how they would come after you even if you totaled the car.

You were a permissive user of the vehicle. They lent the vehicle to you. It would be like lending your own car out to someone and they damage it. It's a simple first party claim and the insurance is not going to come back after the driver.

...and that, too, was essentially my attorney's view when I consulted with him yesterday before starting this thread.

 

[deductable rumb]

BTW, he [my attorney] basically said to try to get the dealer's insurance to deny it so my insurance can cover it, but that is easier said than done. I can't ask my insurance to do that since that would be stupid. They wouldn't just say to another insurance company, "hey, let me take care of that". And, it wouldn't matter because the dealer's insurance may be legally obligated to cover it in the event the dealer files a claim, so they may not be able to simply deny it just because the dealer tells them that I told them to deny it. Bullocks, no way that would work.

The only other piece of advice he gave me was to take into account the clause about attorney's fees, which that thing I signed mentions. Those can end up being an astronical amount in comparison to what this started out at.

My insurance agent's [read: not the adjustor, who I'm still waiting to talk to since she is out of the office] advice is to negotiate on the amount I pay the stealer. The worst that can happen is I have to pay the $850 they are asking for... well of actually, the worst that can happen is I piss them off, and they want more, but I not the type to piss anyone off.

Since I'm still waiting to hear from the adjustor, that's really the only reason I'm [entertaining myself] here.

 

[>Charlotte<]

Easy to say, but what if it were you sitting behind that wheel, and there was no reason to think that you couldn't pull forward. Of course you pulling forward caused it, but in layman's terms, does it not suck the most unimaginably thick &^$#?

The answer is yes.

Well, yeah. Of course I would think it sucks. I don't think anybody here thinks it doesn't suck when/if we hit something.

Thinking it's okay to pull forward, pulling forward, and then hitting something you hadn't seen before is what's known as "Ooops, I thought the coast was clear, but I was wrong." Also known as "your fault." That's all I'm saying. It's a response to your previous insinuation that whomever parked it next to the thingy is at fault.

 

[Zigner]

BTW, he [my attorney] basically said to try to get the dealer's insurance to deny it so my insurance can cover it, but that is easier said than done. I can't ask my insurance to do that since that would be stupid. They wouldn't just say to another insurance company, "hey, let me take care of that". And, it wouldn't matter because the dealer's insurance may be legally obligated to cover it in the event the dealer files a claim, so they may not be able to simply deny it just because the dealer tells them that I told them to deny it. Bullocks, no way that would work.

The only other piece of advice he gave me was to take into account the clause about attorney's fees, which that thing I signed mentions. Those can end up being an astronical amount in comparison to what this started out at.

My insurance agent's [read: not the adjustor, who I'm still waiting to talk to since she is out of the office] advice is to negotiate on the amount I pay the stealer. The worst that can happen is I have to pay the $850 they are asking for... well of actually, the worst that can happen is I piss them off, and they want more, but I not the type to piss anyone off.

Since I'm still waiting to hear from the adjustor, that's really the only reason I'm [entertaining myself] here.

So, what you're saying is that EVERYBODY has agreed that you are liable for the damage you caused...

 

[moburkes]

BTW, he [my attorney] basically said to try to get the dealer's insurance to deny it so my insurance can cover it, but that is easier said than done. I can't ask my insurance to do that since that would be stupid. They wouldn't just say to another insurance company, "hey, let me take care of that". And, it wouldn't matter because the dealer's insurance may be legally obligated to cover it in the event the dealer files a claim, so they may not be able to simply deny it just because the dealer tells them that I told them to deny it. Bullocks, no way that would work.

The only other piece of advice he gave me was to take into account the clause about attorney's fees, which that thing I signed mentions. Those can end up being an astronical amount in comparison to what this started out at.

My insurance agent's [read: not the adjustor, who I'm still waiting to talk to since she is out of the office] advice is to negotiate on the amount I pay the stealer. The worst that can happen is I have to pay the $850 they are asking for... well of actually, the worst that can happen is I piss them off, and they want more, but I not the type to piss anyone off.

Since I'm still waiting to hear from the adjustor, that's really the only reason I'm [entertaining myself] here.

Who is your insurance company? We've paid claims and then subrogated to get reimbursed. I'm not sure that I agree that your insurance company wouldn't simply pay (minus your deductible), then get their money back. I've seen it happen often.

 

[deductable rumb]

Well, yeah. Of course I would think it sucks. I don't think anybody here thinks it doesn't suck when/if we hit something.

Thinking it's okay to pull forward, pulling forward, and then hitting something you hadn't seen before is what's known as "Ooops, I thought the coast was clear, but I was wrong." Also known as "your fault." That's all I'm saying. It's a response to your previous insinuation that whomever parked it next to the thingy is at fault.

So what you're saying is if I park someone's car in front of a giant gaping hole [read: as I pulled up to that giant gaping hole, there's no way I myself couldn't have seen it], smile, hand someone the keys, they get in and drive forward without seeing that I parked it in front of giant gaping hole, and they fall to their fiery death, it was not at least partially (if not entirely) my fault?