Adamk24

iTrader: (5)

I just got a very sad call. My car was broken into at Auburn Valley Mitsubishi. Broken window, stolen CF trunk, wing, interior... the dealer wasn't very clear on what was taken.

They were clear that, "They don't have space to store cars that arn't being worked on...." They're also claiming they arn't liable.

So if you hear anything about great deal on used Evo parts... let me know.

Link to my FS post;
https://www.evolutionm.net/forums/s...91026


This whole thing seems pretty shady to me, but what do you guys think?

ray3328

iTrader: (37)

How are they not liable if you left the car with them? Get a lawyer.

haze1995

iTrader: (21)

Sorry to hear about that.
Why was your car there if it wasnt being worked on?

mrMTB

iTrader: (13)

I think this is exactly the reason that businesses carry insurance. Let them know that you will accept the car in no-worse condition than it was delivered. Maybe call around to an attorney before you call the dealership back.

kreionic

iTrader: (14)

yeah why was your car there in the first place? I am assuming that your having something done and they mean that the cars they are not working on at the time cant be stored indoors. If thats the case did you have to sign any papers? If so check the small print.

h.funk

iTrader: (4)

I had the same thing happen to me at Beaverton Mitsu. I insurance and dealer are still fighting. I just so happend that someone new that my car was being worked on and the batt was unpluged.

Lowell787

iTrader: (10)

THey may say they are not liable, but case law and precident will rule in your favor. Consult a lawyer or do some Google research and contact them pretenting to be a lawyer knowing the terminology. You're guranteed to know more than any dealership manager.

tim85851

iTrader: (23)

definetly get a lawyer!!! good luck on getting your stuff back!

deathinacan

iTrader: (1)

shady indeed - Unless they made it absolutely clear that they had ZERO liability when you parked your car there (either for inadvertent storage, or out of convenience for them), they should have let you know right away that your car wouldnt be their problem under liability. This is what the dealerships fail to realize as IMPLIED insurance - unless you signed a document negating your rights.. then you're screwed...

Talk with a Lawyer bro - it will save you time and money in the end.

some related links that I found for you -

Saab dealer

answers.yahoo.com

derangedazn

iTrader: (3)

those waivers are crap and just there to scare people from suing. If the dealership takes possession of your car/keys to do work, they are responsible for your vehicle.

Definately get a lawyer. If they didnt have room, they should have not accepted your vehicle.

CaliMR

iTrader: (1)

Do some research, because anything you say to them can be used against you. Most waivers (even ones written by lawyers or used by big corporations) are not worth the paper they are written on.

However, you must avoid any characterization of the situation as a "gratuitous bailment" or "naked bailment." Not at all in the realm of my expertise, but here is what Black has to say about it:

"Gratuitous bailment. A bailment for which the bailee receives no compensation, as when one borrows a friend's car. A gratuitous bailmee is liable for loss of the property only if the loss is caused by the bailee's gross negligence."

As I and others have said, do your research so you know wtf you are saying. Good luck.

High_PSI

iTrader: (50)

They are 100% liable, sue, you will win easy.

Codeman17

iTrader: (-2)

Thats VERY Scary, because my car is down at Auburn Valley Mitsu right now getting worked on because I spun a rod bearing. I might pull it out of their and take it down to Lucas English

RRev Tim

I have seen this many times from a dealership and the results are always the same, the owner is liable. Im not saying its right, but that is how it has always gone down. I know that we are not liable for any cars park outside our facility overnight, BUT this is why we schedule jobs to make sure that we can keep all cars inside.

When I worked at Torquefreaks, the owner would charge the customers a indoor storage fee if they wanted there cars inside, if they opted not to do that then he would explain he was not liable if something happened. I preffer to just schedule accordingly, but that is what he did.

I hope you had insurance, hopefully they will cover most of what was stolen. Good luck !

Markley02

Finally some truth in this thread. lol.

For everyone that thinks the dealer is responsible here is something for you to know about. My M3 was being worked on the a BMW dealer in Allentown, PA (Daniel's BMW). When I walked into the place it seemed very nice. I had all of my audio equipment (DVD player, NAV, etc.) stolen out of the car when it was at the dealership to have a new watervalve installed. The car would not go past 5000 RPMs and idled at 1500 RPMs. The HVAC unit would not even turn on. Plus the car would overheat because the front fan was missing.

When I walked back in, found the manager and told him it was missing this is what he said, "So.... what do you want me to do?". I called the police instantly. The police would not even write a police report!!!!! The dealer said that because the car was not on their cameras 24 hours a day they were not liable for what happened to my car. Guess what happened in court after I paid court fees, lawyer fees, and went through all of it. The dealer got off and I got it up the you know what with no lube.

Oh yea, BTW.... When I got to the dealer to pick up my car it took them 40 minutes to even find my keys. Because they were sitting in someone's desk and not where they should have been.

I have several horror stories about multiple dealers including theft and damage.