new car gets into an accident at dealership......

[carwreck]

Greetings to all who read this, I need some advice....

I bought a Certified Lexus, and bought additional coverage as well for a 2008 gs450h. The car had 25000 miles, mint condition. After having the car for a week the brakes acted funny so I called the dealership and they told me to bring the car in. They gave me a loaner. I received a call later that day and was told all of the brakes were replaced and the mechanic was test driving the car, it would be ready to pick up and they would call when it was ready. The call I got was that the car was in an accident, the rear right quarter panel was crushed in, but not totaled. the dealer claims to have gotten a police report claiming no one was at fault and the dealership claims accidents can happen to anyone, and they dont want the car back and if they had to buy it back it would be at a rate of fair market value of a car that has been in an accident and the car can lose its lexus certification from being in an accident, they fail to realize the car was in their care when it happened with their employee driving it. What do I do now???? I have not even made the first payment on the car when this happened.

 

[mightymoose]

Your easiest approach is to notify your insurance company and let them sort it out.
You are right, the dealer is responsible for more than they are offering.

 

[army judge]

I suggest you contact an attorney.

The dealership isn't going to do what they should.

That said, what do you expect them to do about the incident?

From your post it seems as if the dealer won't be repairing the car.

Is that what they've said?

Or, if they will be repairing the car, what more are you seeking?

Mint condition, or not, it s still a soon to be four yer old used car.

If they're willing to repair the car, I don't see any legal remedies for you.

If they're not going to repair the car, you have a legal action.

The dealership held your car under a bailment.

The kind of bailment under which they held the car, required to exercise extraordinary care.

Accident notwithstanding, they damaged your car, while in their care.

They are required to restore the car to the condition in which they received it.

You might try telling them that, if they're planning on returning to you a bucket of bolts.

If they're going to make it right, that's all they're required to do.

You have to allow them a chance to repair the car.

That is all a court would eventually order them to do.

If you're expecting a cash windfall, "fugeddaboutit"!!!!!!!!

 

[carwreck]

Thank you!!! I do not want cash, the problem for me is this, it was a car never in an accident. I do not want a car that was in an accident not caused by me, so as stated to restore the car to a condition that it was received, it was received without being in an accident they cannot restore that but could they replace it?