Acura 2000 (damaged my car)
10-03-2005, 01:18 PM
#1
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Acura 2000 (damaged my car)
I went to Acura 2000 in Brampton on thursday to check some front end noises that I was getting from my car and to make a long story short, they damaged my car. not only did they damaged my car, they screwed up my alignment and are denying that they did the damages. We reviewed the camera's and I proved to them that I brought the car in clean, but they said its too blury to actually see.
The estimated retail damage is 2g's, but they said "as a kind gesture, we'll give you cost price to repair damages" and the cost price is 600. I talked to the Service Advisor Supervisor and he's the one that reviewed the tape with me and explained the situation to the owner which hasn't even viewed the video yet and souly takes his word for it. i have 2 witnesses as well but they are not saying anything about it.
i also asked them that on recieving my keys they should be held responsible for any damages to my car because they are held liable at that point, the owner said "no" by me dropping off the keys to the car or parking in there lot is like parking at a shopping mall, anythign that happens is beyond our control. i was furious about that comment, cause those are two totattly different situations.
anyways, this happened on Thursday. and its monday now and they haven't done jack all. i called Acura Customer Relations to see what they can do for me, they'll contact me back by the end of today.
This is totattly bullshit, i'll have pictures posted as soon as i get pictures off of my buddy's phone.
any directions or pointers can be appriciated, thanks in advance, i want them to fix my car since they caused the damages.
note: i'm going to back on wednesday to review the camera again, and also there is alot of more smaller minute stuff that happened during the video. which i will post a little later.
The estimated retail damage is 2g's, but they said "as a kind gesture, we'll give you cost price to repair damages" and the cost price is 600. I talked to the Service Advisor Supervisor and he's the one that reviewed the tape with me and explained the situation to the owner which hasn't even viewed the video yet and souly takes his word for it. i have 2 witnesses as well but they are not saying anything about it.
i also asked them that on recieving my keys they should be held responsible for any damages to my car because they are held liable at that point, the owner said "no" by me dropping off the keys to the car or parking in there lot is like parking at a shopping mall, anythign that happens is beyond our control. i was furious about that comment, cause those are two totattly different situations.
anyways, this happened on Thursday. and its monday now and they haven't done jack all. i called Acura Customer Relations to see what they can do for me, they'll contact me back by the end of today.
This is totattly bullshit, i'll have pictures posted as soon as i get pictures off of my buddy's phone.
any directions or pointers can be appriciated, thanks in advance, i want them to fix my car since they caused the damages.
note: i'm going to back on wednesday to review the camera again, and also there is alot of more smaller minute stuff that happened during the video. which i will post a little later.
Last edited by nautica_t; 10-03-2005 at 04:20 PM. Reason: pictures added
10-03-2005, 09:39 PM
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From what I learned in one of my law classes. If a parking lot says they are not liable for any loss or damages, and its written on the ticket they give you, they could still be liable.
Same thing with this situation. Unless they actually tell you, and make it plainly obvious that they are not responsible, then they are. The only way that they can get away with it, is if it is clearly displayed, and pointed out to you. Fine print on a piece of paper sometimes doesn't mean jack , especially in this case.
Call a lawyer. Judging by the scrape, it looks like the car may have been in motion. Chances are, it happened when it was in the shop, not in the parking lot. Either way, you gave them the keys with the intention of having your car fixed, not mangled. Don't let them fix it either, you never know what corners they may cut when the do the repairs. Once you talk to a lawyer, get it fixed properly, and send them the bill. If they dispute it, just tell them that they could have fixed it if they had of taken responsibility for it.
Same thing with this situation. Unless they actually tell you, and make it plainly obvious that they are not responsible, then they are. The only way that they can get away with it, is if it is clearly displayed, and pointed out to you. Fine print on a piece of paper sometimes doesn't mean jack , especially in this case.
Call a lawyer. Judging by the scrape, it looks like the car may have been in motion. Chances are, it happened when it was in the shop, not in the parking lot. Either way, you gave them the keys with the intention of having your car fixed, not mangled. Don't let them fix it either, you never know what corners they may cut when the do the repairs. Once you talk to a lawyer, get it fixed properly, and send them the bill. If they dispute it, just tell them that they could have fixed it if they had of taken responsibility for it.
10-03-2005, 11:00 PM
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The car dealership will have a garage policy which covers these kind of occurances.
Furthermore, the garage is what is known as the "bailee". A bailee is anyone you entrust your goods for service (ie: dry cleaning, jewlers when you bring jewlery to be cleaned or serviced, etc...)
They have the burden of proof to show that the damages were not caused by their negilgence. If you took this to court it would definitely rule in your favour. The problem is getting the retard manager or supervisor to realize this and fix the car for you. If it goes to Acura Head office, they will definitely have the car fixed free of charge, their legal dept can't be full of retards there. If your car was damaged upon arrival they should have indicated it on the work order or have some sort of statement signed by you confirming that the damage was there already.
By the look of the damage, someone must have backed into your rear-quarter panal which your car was parked. Damage on that area of the car is rarely done while the car is in motion.
Don't back down and submit to their "at cost" repair. By doing so you are admitting that their right and the damage was already there when you brought the car in. Remember, legally they have the burden of proof - not you.
One last thing - if they do agree to repair the car for you, demand that it's done right and proper. Not some half *** job where they fill, sand, and paint.
Best case they replace the quarter panel with a new one, and blend the paint with the door panel and the bumper - this is more labour and a lot more for parts but it's the "proper" way.
Furthermore, the garage is what is known as the "bailee". A bailee is anyone you entrust your goods for service (ie: dry cleaning, jewlers when you bring jewlery to be cleaned or serviced, etc...)
They have the burden of proof to show that the damages were not caused by their negilgence. If you took this to court it would definitely rule in your favour. The problem is getting the retard manager or supervisor to realize this and fix the car for you. If it goes to Acura Head office, they will definitely have the car fixed free of charge, their legal dept can't be full of retards there. If your car was damaged upon arrival they should have indicated it on the work order or have some sort of statement signed by you confirming that the damage was there already.
By the look of the damage, someone must have backed into your rear-quarter panal which your car was parked. Damage on that area of the car is rarely done while the car is in motion.
Don't back down and submit to their "at cost" repair. By doing so you are admitting that their right and the damage was already there when you brought the car in. Remember, legally they have the burden of proof - not you.
One last thing - if they do agree to repair the car for you, demand that it's done right and proper. Not some half *** job where they fill, sand, and paint.
Best case they replace the quarter panel with a new one, and blend the paint with the door panel and the bumper - this is more labour and a lot more for parts but it's the "proper" way.
Last edited by big_willy; 10-03-2005 at 11:09 PM.
10-03-2005, 11:40 PM
#8
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Originally Posted by big_willy
If it goes to Acura Head office, they will definitely have the car fixed free of charge, their legal dept can't be full of retards there. If your car was damaged upon arrival they should have indicated it on the work order or have some sort of statement signed by you confirming that the damage was there already.
Originally Posted by big_willy
By the look of the damage, someone must have backed into your rear-quarter panal which your car was parked. Damage on that area of the car is rarely done while the car is in motion.
did you have any dents at all on your itr before your got it serviced. i dont understand how they can **** it up THAT much and say that its yor fault. good luck
10-04-2005, 05:07 PM
#10
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UPDATE FROM CUSTOMER RELATIONS: They are taking the word of the Service Advisor and the owner of the dealership and they said that they can't do nothing for at this point, they cannot force the owner to fix the damages.
10-04-2005, 09:36 PM
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Wow, that's a surprising response from Acura Customer Relations.
Are Acura dealerships corporately owned or franchised?
I have a feeling they are owned independantly as the head office would not let a corporate dealership do something like this.
You have a couple options right now:
1. Try and talk to someone higher up at the Acura Headoffice, maybe regional or district manager.
2. Tell them you're getting a lawyer and expect a court summons. If you take them to court it's not a MUST to have a lawyer but it would definitely help.
3. Go back to the dealership/head office and threaten to take out a full page ad in the Toronto Star, outlining what has happenned. Furthermore, you could threaten to write and call all major auto magazine and paper publications regarding how bad Acura customer service/treatment is. Post this story on all the major honda/acura boards on the internet and show them the responses. If bad press goes around it's going to cost Acura a lot more then just the 2 grand for fixing your car - they know that, but they might just think you're full of crap and it's a hollow threat.
Don't forget to call Jim Kenzie and tell him to put this on Motoring 2005 TV show on "Kenzie's Corner"
Are Acura dealerships corporately owned or franchised?
I have a feeling they are owned independantly as the head office would not let a corporate dealership do something like this.
You have a couple options right now:
1. Try and talk to someone higher up at the Acura Headoffice, maybe regional or district manager.
2. Tell them you're getting a lawyer and expect a court summons. If you take them to court it's not a MUST to have a lawyer but it would definitely help.
3. Go back to the dealership/head office and threaten to take out a full page ad in the Toronto Star, outlining what has happenned. Furthermore, you could threaten to write and call all major auto magazine and paper publications regarding how bad Acura customer service/treatment is. Post this story on all the major honda/acura boards on the internet and show them the responses. If bad press goes around it's going to cost Acura a lot more then just the 2 grand for fixing your car - they know that, but they might just think you're full of crap and it's a hollow threat.
Don't forget to call Jim Kenzie and tell him to put this on Motoring 2005 TV show on "Kenzie's Corner"
10-04-2005, 11:07 PM
#12
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hey big_willy
1. they are independently owned, from what the CR rep said they are private and Acura just sells the cars wholesale to Acura 2000. that is why they can't force them to do anything, only warranty work,
2. yeah i'm seeking legal advice tomorrow and yeah small claims court and it'll be a civic case.
3. yeah there's nobody higher since its privately owned, since its privately owned no district or anything for that matter. yeah i have the story on most boards, but yeah i'm definitely going to go the media, and i never thought Jim Kenzie from Motoring, i was going to go to Silverman Help (Pulse 24)
thank you for that suggestion, and yeah, magizines as well.
i've tried most boards, but don't know most of them. if you can pm me with some board names it'd help as well.
1. they are independently owned, from what the CR rep said they are private and Acura just sells the cars wholesale to Acura 2000. that is why they can't force them to do anything, only warranty work,
2. yeah i'm seeking legal advice tomorrow and yeah small claims court and it'll be a civic case.
3. yeah there's nobody higher since its privately owned, since its privately owned no district or anything for that matter. yeah i have the story on most boards, but yeah i'm definitely going to go the media, and i never thought Jim Kenzie from Motoring, i was going to go to Silverman Help (Pulse 24)
thank you for that suggestion, and yeah, magizines as well.
i've tried most boards, but don't know most of them. if you can pm me with some board names it'd help as well.
10-04-2005, 11:19 PM
#14
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but hey you never know right, maybe they will go on air maybe not, but it doesn't hurt trying, at this point i really have nothign to lose, i'm at the bottom of the boat right now, cuz i got the damage, and if i give in, than i'll end up paying 6 bills for repairs.
