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  Chevy Camaro ZL1 owner fights dealership that totaled his car

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Author Topic:   Chevy Camaro ZL1 owner fights dealership that totaled his car
BeWare





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posted 01-13-2014 05:11 PM     Click Here to See the Profile for BeWare     send a private message to BeWare   Edit/Delete Message   Reply w/Quote   Search for more posts by BeWare
http://autos.yahoo.com/blogs/motoramic/chevy-camaro-zl1-owner-fights -dealership-totaled-car-170136602.html

Camaro Forum 51 pages and growing
http://www.camaro5.com/forums/showthread.php?t=333504

This message has been edited by BeWare on 01-13-2014 at 05:26 PM

padroo



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posted 01-13-2014 07:22 PM     Click Here to See the Profile for padroo     send a private message to padroo   Edit/Delete Message   Reply w/Quote   Search for more posts by padroo
It will be interesting to see how this turns out. Did they fire the guy who wrecked it, I didn't see that in what I read?
catfish




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posted 01-13-2014 10:14 PM     Click Here to See the Profile for catfish     send a private message to catfish   Edit/Delete Message   Reply w/Quote   Search for more posts by catfish
the dealership is totally responsible.

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Gort
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posted 01-14-2014 10:34 AM     Click Here to See the Profile for Gort     send a private message to Gort   Edit/Delete Message   Reply w/Quote   Search for more posts by Gort
quote:
Originally posted by catfish:
the dealership is totally responsible.


99% of guys who take their cars in to have service work done by the dealer just sign the bottom line and go set down in the waiting room until they call you to say they're finished.Did you ever read all that fine print about what you agreed to by letting a third party work on your car? There's a reason for all that fine print. You might ought to check it out.

BeWare





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posted 01-14-2014 10:55 AM     Click Here to See the Profile for BeWare     send a private message to BeWare   Edit/Delete Message   Reply w/Quote   Search for more posts by BeWare
quote:
Originally posted by padroo:
Did they fire the guy who wrecked it, I didn't see that in what I read?

Yes the service writer who took the car on a joy ride and wrecked it, was fired. I understand that after so much bad publicity that GM has gotten involved. They initially said they could not do anything. This even hit AOL News which is where I learned about it. The owner of the dealership must be a complete moron to let things get this much out of control with so much bad publicity. The Camaro was a one owner with 10K miles and was in pristine condition. The dealership offered to sell the guy a replacement. The dealer offered to throw in $4K. The guy is still making payments on his car that they wrecked. To quote him the replacement car looked as if was rode hard and put away wet. The car had more miles than his had & also it had bald tires. There were many other things wrong with the car. The dealer told him it was a one owner. But when the guys wife ran a Car Fax she discovered that it was a two owner and had also been in a wreck.
The guy had droped the car off for some warranty paint work. He says he signed no documents when he dropped the car off.

This message has been edited by BeWare on 01-14-2014 at 10:57 AM

Gort
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posted 01-14-2014 11:25 AM     Click Here to See the Profile for Gort     send a private message to Gort   Edit/Delete Message   Reply w/Quote   Search for more posts by Gort
If he didn't sign anything authorizing the work,this is his lucky day.The dealership is in trouble.The link below is an example of legal double talk and release of liability BS.


[URL=http://resources.xlgroup.com/docs/xldp/riskmgmttools/10_Must_Have_Contract_Clauses.pdf]http://resources.xlgroup.com/docs/xldp/riskmgmttools/10_Must_Have_Contract_Clauses.pdf[/ URL]

Most GM dealers mechanics are working on a contract between the dealer and themselves, they would be called a third party in court. He may or may not have insurance to cover himself from any damages claimed by the customer. If you see LLC attached to the company name ,that opens the door to a world of denials from past damage or other 3rd party responsibilities.

This message has been edited by Gort on 01-14-2014 at 11:36 AM

Marty Usher



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posted 01-14-2014 02:12 PM     Click Here to See the Profile for Marty Usher     send a private message to Marty Usher   Edit/Delete Message   Reply w/Quote   Search for more posts by Marty Usher
I think this is a case of there is two sided to every story. As I own a Camaro and am active on the Camaro 5 board I kept up with this when it first happened.

I read somewhere else online that the dealership had indeed fired the service writer and offered the guy a one year newer ZL1 with about 1/3 the miles (4000) but the guy wanted a brand new one. I didn't see anything about it being beat up, bald tires, etc.

Hear is quote form a thread somewhere about the sitiuation.
........"Here are the facts of this unfortunate event from a source close to the situation. On Sunday December 15th an employee of the dealership entered the locked building on a day when the dealer was closed. He took it upon himself to get the keys to the Camaro ZL1 with absolutely no authorization to be in the building on a non-working day. He takes the car out and subsequently wrecks the car which ends up being deemed a total loss later in the week. The State Police are on site and write their citations etc. not some municipality. Dealer notifies customer of the accident Monday morning the 16th. Insurance companies are immediately involved as is standard practice in any accident. Both the dealer and customer meet with State Police on Wed night the 18th to discuss situation and charges which could be filed. Police tell parties that most the employee could be charged with was unauthorized use but that probably would not stick and later a judge confirms this. The insurance companies involved must hash it out before any settlement can possibly be reached. Meanwhile the OP has done everything in their power to drag the dealer through the mud during this whole time. Newspapers have been called, this thread posted with some untruths and persons attacking the dealer in reviews and media with no real knowledge of the event. In fact the op has been in a dealer car when the Camaro was dropped off for paint concern and remains in the dealer car today free of charge. It is concerning that individuals would attack the dealer with no firsthand knowledge of what has happened. The only one who posted here and bothered to research the facts gen=5 has a good handle on what is happening. The insurance companies need to do their thing before anything else happens, plain and simple. How we deal with adversity defines us.".......

After the first few days and the owner blasting the dealer, his posts stopped and most of the rest was forum members offering their opinion of how wrong the dealer was.

Owner of Camaro has been in a dealership provided car since car was taken in for service and the matter is hands of Insurance Companies of both partys.

garysss




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posted 01-14-2014 02:23 PM     Click Here to See the Profile for garysss     send a private message to garysss   Edit/Delete Message   Reply w/Quote   Search for more posts by garysss
Marty I actually read one of the owners post a couple of days after it happen, where he said he and his lawyer were in negations with the dealership and ask that everyone stop bashing them until they got it resolved.
Marty Usher



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posted 01-14-2014 02:40 PM     Click Here to See the Profile for Marty Usher     send a private message to Marty Usher   Edit/Delete Message   Reply w/Quote   Search for more posts by Marty Usher
quote:
Originally posted by garysss:
Marty I actually read one of the owners post a couple of days after it happen, where he said he and his lawyer were in negations with the dealership and ask that everyone stop bashing them until they got it resolved.

I just hope it gets resolved but I still think the owner should have given the process time to work through before he started all the bashing himself. I TOTALLY understand his being upset and emotional about the situation but...... now it's 58 pages on a forum and all over the news/internet.

This message has been edited by Marty Usher on 01-14-2014 at 02:42 PM

garysss




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posted 01-14-2014 02:45 PM     Click Here to See the Profile for garysss     send a private message to garysss   Edit/Delete Message   Reply w/Quote   Search for more posts by garysss
I'm sure it was very upsetting for him at first. I'm sure it didn't help that the dealer right off the bat said, it's not our problem it's your's and your insurance company. I have actually bought a Avalanche from this dealer a few years ago and they were great to deal with, but have never had any service done there.
BeWare





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posted 01-14-2014 02:48 PM     Click Here to See the Profile for BeWare     send a private message to BeWare   Edit/Delete Message   Reply w/Quote   Search for more posts by BeWare
Here is a copy and past of the guys description. Apparently the car had brand new tires on it so I misundertood that part. He did not understand why it needed new tires at only 13K miles.

The latest in the saga of the totaled ZL1 #1635...

The dealer was supposed to be finding me a 2013 ZL1 new. They agreed (or so I thought) that it would be for the best since buying a used one (yes, ME BUYING from them) could only lead to problems down the road.

I have been patient. I finally got a call on Monday (1/6) to come over to look at the car they "found" for me. They were sure I would be pleased. Imagine my surprise when the car they "found" turned out to be a trade-in on a new Stingray. The car was a 2012 ZL1, black like mine, but with a sunroof (which I do not want), 34% more miles than mine, new tires (why did it need new tires at 13,588 miles?), different wheels than mine, non-Chevrolet emblems front and back, and tinted windows. Also absolutely NO documentation on the car, even though I was told the car had more documentation than mine.

I was not even told the mileage on the car until I went out and sat in it for myself. Amazing that we had to go over all the figures first. And yes, I was to buy this car from them. They did offer $4K "feel good" (their words, not mine) money to buy the correct emblems and rims. However, nothing was mentioned about a lower price for the higher mileage.

My wife and I just were not that happy with the car. We offered a counter-offer and let the dealership for them to discuss our proposal.

When we got home last night, we discovered through this forum (thanks, guys) that the car was a TWO owner car, not a one-owner car like we were told. We also found out that the car was hit 3 days after the original owner purchased the car. WE paid $55 for a CarFax report--the dealer didn't even offer that for us. They did have some other report, but it wasn't a CarFax.

So they were basically trying to SELL us a 2-owner vehicle that had previous body damage, along with tinted windows, incorrect emblems, more mileage, the apparent need for new tires, and heaven only knows what else.

They called today to tell us that their original offer to buy THAT car from them was ALL they were going to (or willing to) offer. Take it or leave it. We really did not want a twice-used car with no documentation and do not feel it was a reasonable replacement for our show-winning, pristine, fully documented car with much less mileage.

So folks, almost a month later, I am still making payments on a car I do not have, and certainly cannot drive. And the dealer is unwilling to step up and "do the right thing."

I have retained an attorney, but really, why should I have to pay attorney fees when I am the innocent party in all of this. I did not ask for my car to be stolen by a dealer's employee.

The dealer is upset about the negative press they have received, yet they seem unwilling to do anything to remedy the situation.

I guess they will get what they deserve, even if I do not get what I fully deserve (my car replaced at no expense to me).

If this hadn't actually happened to me, I don't think I would have believed it.

The story has now been covered in the local newspaper (Cape Gazette), the local news station (WBOC), and a Philadelphia station (NBC10). Simply amazing...

http://www.camaro5.com/forums/showthread.php?t=333504&page=22


Later he posted this

For the record, the car was a TWO-OWNER car, not a one-owner car like the dealer told us. The dealer NEVER mentioned the front end damage--my wife found that out on her own. WE paid $55 for the CarFax--the dealer never offered one. The dealer also did not mention that the car had aftermarket tinted windows, aftermarket emblems, and NO DOCUMENTATION. The car just looked like it had been run hard and put away wet. My 10K tires still had over 60% tire life remaining. The so-called replacement needed new tires at 13K miles.

If the dealer had bothered to sit down with us and offer a few options in cars, maybe we would feel differently. But THEY chose the car (a trade-in) that THEY wanted us to BUY from them. Even $4000 (feel good money) was not important to us. We would have gladly PURCHASED an equivalent replacement with no "feel good" money. Money is not everything...

At any rate, a retired GM exec called me today to let me know that GM IS involved now. It is our understanding that the matter will be resolved to our satisfaction next week. And GM will make sure that we are treated fairly and equitably.

If anyone happens to call First State Chevrolet, the receptionist is named Norma. She is a real sweetheart and does not deserve to be disrespected, so PLEASE do not give her a hard time.
http://www.camaro5.com/forums/showthread.php?t=333504&page=36

This message has been edited by BeWare on 01-14-2014 at 02:49 PM

BeWare





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posted 01-14-2014 02:57 PM     Click Here to See the Profile for BeWare     send a private message to BeWare   Edit/Delete Message   Reply w/Quote   Search for more posts by BeWare
The latest update and it is on the road to being resolved

Just a quick update for everyone...

1. I never demanded a new car. I merely stated that I should not HAVE to be forced to buy a new [read "different"] car when mine was totaled through no fault of my own. If I had been driving the car, I would accept the loss.

2. The difference in price between a good, used 2012 ZL1 and a new 2013 ZL1 is only about $5-6K considering rebates, etc.

3. Yes, the OP really was to just let everyone know what happened to #1635 that appeared on the ZL1 registry many months ago.

4. We actually made 3 payments on the car while the car was in the dealer's possession while they tried to figure out what to do about the paint issues [read "left the car there for weeks on end without actually doing anything."] I believe the last time I drove the car was the weekend of October 25, 2013.

5. GM and Berger Chevrolet (Grand Rapids, Michigan) have stepped in and are paving [not paying] the way for a new 2013 ZL1 to be sent to First State Chevrolet for me to purchase.

6. We have apologized to many of the employees at First State for the actions taken by many of the people who have been infuriated by this whole story and have called First State to voice their opinions. Anyone who thinks the dealership has not been affected by all of this must have his head in the sand.

7. We want to thank everyone for their support. We never expected this to take on a whole life of its own. A special thanks goes out to the suppliers who have so graciously stepped up to provide parts at their own expense to help ease the heartache we have experienced in this ordeal.

8. I am not the biggest tech guy out there, and I have never made it a practice to post on forums, don't have a Facebook page, etc. But I do plan to stick around on this forum, and I hope to meet many of you in person at various events.

9. When the situation is resolved, I will post photos of the new car. I understand that it will be about two weeks before the insurance check is cut, the old car is paid off, the new car arrives, and a new purchase contract will be signed by my wife and I for the PURCHASE of our new ZL1.

Thanks,
JRH (jhoop302)
http://www.camaro5.com/forums/showthread.php?t=333504&page=53

Marty Usher



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posted 01-14-2014 03:58 PM     Click Here to See the Profile for Marty Usher     send a private message to Marty Usher   Edit/Delete Message   Reply w/Quote   Search for more posts by Marty Usher
The guy joined the Camaro5 forum just to post about his situation. Read his first few posts - the way (and others)read it he is positioning himself to ONLY accept a new vehicle. Later he contact local media and newspaper and continues his online bashing. People get the "mob mentality" and throw pig st!t on new corvettes on dealers lot and call up back offce (mainly female) deelership workers and cuss at them.

The owner was wronged and I feel bad for hom about that but as much as he bashing the dealership, I still say he handled his side of it all wrong - it should never have reached toa point where there are now 59 pages of posts with only one side of the story being told.

catfish




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posted 01-14-2014 04:10 PM     Click Here to See the Profile for catfish     send a private message to catfish   Edit/Delete Message   Reply w/Quote   Search for more posts by catfish
i worked at a dealer where this happened and the dealer is totally responsible.they were smart enough to know they were responsible and gave him a new car at n/c.the dealer in the post is obviously a scum bag.

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bjprowler


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posted 01-14-2014 04:18 PM     Click Here to See the Profile for bjprowler     send a private message to bjprowler   Edit/Delete Message   Reply w/Quote   Search for more posts by bjprowler
Amazing how people who have had something like this happen to them become something of an extortionist and think they have the upper hand by publicly bashing the reputation of a dealership....

It sounds to me like the dealership has tried very hard to compensate the customer.....I think it's time for them to call his bluff and tell him to go ahead and hire his $350 per hour attorney and they'll meet him in court.

My guess is that he will be sorry if he does..He may be awarded damages but probably not attorney and court costs...

This message has been edited by bjprowler on 01-14-2014 at 04:27 PM

Marty Usher



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posted 01-15-2014 10:49 AM     Click Here to See the Profile for Marty Usher     send a private message to Marty Usher   Edit/Delete Message   Reply w/Quote   Search for more posts by Marty Usher
Looks like the dealer found a new (but left over) 2013 ZL1 at another dealer in Michigan to "sell" to the owner at no money out of Owner's Pocket. From what I read in a message (not on Camaro5 forum), owner will finance car at same payment for the same remaining months.

So he gets a 2013 - not a 2014 - to replace his 2012. The tread has been closed but see if more of the story comes out later.

BeWare





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posted 01-16-2014 11:08 AM     Click Here to See the Profile for BeWare     send a private message to BeWare   Edit/Delete Message   Reply w/Quote   Search for more posts by BeWare
I wonder who's insurance is paying for the wrecked one.
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posted 01-16-2014 11:27 AM     Click Here to See the Profile for DIXIE Cat     send a private message to DIXIE Cat   Edit/Delete Message   Reply w/Quote   Search for more posts by DIXIE Cat
quote:
Originally posted by BeWare:
I wonder who's insurance is paying for the wrecked one.

If the dealer's pays like I would think it will (no insurance agent jmo) then the dealer is out of nada except for all the bad publicity and media attention.

Marty Usher



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posted 01-16-2014 11:46 AM     Click Here to See the Profile for Marty Usher     send a private message to Marty Usher   Edit/Delete Message   Reply w/Quote   Search for more posts by Marty Usher
Depends on sate insurance laws but the in the 59 pages they were indicationg the owner's insurance would pay and then go after the dealer's insurance. Dealer was agreeing to sell the owner a new 2013 with color/options approved by owner so owner's payments would remain the same number of months left and same amount figuring in what insurance actaully paid them.

Don't know if that is the final deal - thread has been locked for now pending actual outcome.

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