Sad Maverick Owner. So mad at Ford...

[RLmesc]

Well I am not a lawyer but I did spend a night or two in a motel. Here is what I can say, the dealer NOT Ford cannot wash their hands of this. They are a business and when you handed over your keys, they are in the "care, custody and control" of your vehicle. Their Shop/mechanics liability policy needs to become involved as does your auto collision policy carrier. They should work out the actual cash value of the truck, pay you or find you a truck of "like, kind, and quality" and deal a settlement. The ins. co.s should work out the settlement and cover your deductible and send you down the road. That is in a fair world, keep attorneys out of it until they do not want to play fair. Then find an attorney who hates ins. co.s --- good luck.

PS I am a blonde dude as well, my Mav is tagged "Grateful Dude"

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[TheGoodEgg]

What a nightmare, hang in there buddy.

 

[mcc63303]

Well I am not a lawyer but I did spend a night or two in a motel. Here is what I can say, the dealer NOT Ford cannot wash their hands of this. They are a business and when you handed over your keys, they are in the "care, custody and control" of your vehicle. Their Shop/mechanics liability policy needs to become involved as does your auto collision policy carrier. They should work out the actual cash value of the truck, pay you or find you a truck of "like, kind, and quality" and deal a settlement. The ins. co.s should work out the settlement and cover your deductible and send you down the road. That is in a fair world, keep attorneys out of it until they do not want to play fair. Then find an attorney who hates ins. co.s --- good luck.

Sorry but you are wrong about the dealership responsibility and "care and custody". If dealership had an unlicensed, high or drunk or the reckless driving driver then maybe responsible. Unless there is negligence in most States and most Insurance Companies insurance follows the car. If you leave your car at a dealership and a hail storm or tornado happens and your vehicle is damaged it's on your insurance, no dealer negligence. If your car is parked outside overnight, locked up by the dealership and it's stolen or broken into, your insurance (different if left unlocked or keys in ignition). No different if on test drive after being worked on, sorry to say, your car, your insurance; in most instances. Dealer should be proactive in trying to help but under no obligation most times. Bigger issue will be "diminished value", something I"m currently going to have to go through due to an accident on my 22 Maverick, unlicensed, uninsured and leaving scene of an accident driver.(followed her 25 minutes with State Patrol on phone until finally found us). I'll be fighting with my insurance State Farm for diminished value when I sell it. There are ways to get Insurance companies to pay for diminished value but it's not easy.

 

[RLmesc]

Sorry but you are wrong about the dealership responsibility and "care and custody". If dealership had an unlicensed, high or drunk or the reckless driving driver then maybe responsible. Unless there is negligence in most States and most Insurance Companies insurance follows the car. If you leave your car at a dealership and a hail storm or tornado happens and your vehicle is damaged it's on your insurance, no dealer negligence. If your car is parked outside overnight, locked up by the dealership and it's stolen or broken into, your insurance (different if left unlocked or keys in ignition). No different if on test drive after being worked on, sorry to say, your car, your insurance; in most instances. Dealer should be proactive in trying to help but under no obligation most times. Bigger issue will be "diminished value", something I"m currently going to have to go through due to an accident on my 22 Maverick, unlicensed, uninsured and leaving scene of an accident driver.(followed her 25 minutes with State Patrol on phone until finally found us). I'll be fighting with my insurance State Farm for diminished value when I sell it. There are ways to get Insurance companies to pay for diminished value but it's not easy.

You are correct in part of what you say but when comparing an "act of god:" occurrence to one where "your driver", whether at fault or not carries some possibility of comparative fault and dependent on your state laws, my scenario still holds but check your state laws as they do not paint the whole country with the same brush. I should know better when I am talking from the insurance experience of only (40 years) and only in, Iowa, Wisconsin and Illinois. Thanks for reining me in MCC Mizzou! LOL

 

[mcc63303]

You are correct in part of what you say but when comparing an "act of god:" occurrence to one where "your driver", whether at fault or not carries some possibility of comparative fault and dependent on your state laws, my scenario still holds but check your state laws as they do not paint the whole country with the same brush. I should know better when I am talking from the insurance experience of only (40 years) and only in, Iowa, Wisconsin and Illinois. Thanks for reining me in MCC Mizzou! LOL

After 20 years in insurance and another 25 years in a Ford Dealership along with some law experience trust me, the dealer most likely has no liability, (State dependent) especially if OP signed a repair order and driver as I said was licensed and not negligent. OP stated other driver hit him in the rear so again, no negligence by Dealer employee. Dealership should "step up" and do the right thing (whatever that is), possibly pay the OP's deductible and provide a no charge loaner and try to find a replacement vehicle and not make any money on it. That would be just good business. I question you saying the driver carries some responsibility when at no fault. Loan your car to your neighbor, let him have an accident (no fault of his or even if his fault) and try to get his insurance to pay rather than yours. Good luck. LOL

 

[cyberdog]

They carry Garage Keepers Liability for just this type of occurrence. They should be reporting it to their carrier, who should make you whole. Dealerships are independent franchises, not part of Ford's corporate umbrella in most cases.

I'd be livid, and probably have blown a gasket with them after waiting for a vehicle in short supply.

 

[Ranch]

After 20 years in insurance and another 25 years in a Ford Dealership along with some law experience trust me, the dealer most likely has no liability, (State dependent) especially if OP signed a repair order and driver as I said was licensed and not negligent. OP stated other driver hit him in the rear so again, no negligence by Dealer employee. Dealership should "step up" and do the right thing (whatever that is), possibly pay the OP's deductible and provide a no charge loaner and try to find a replacement vehicle and not make any money on it. That would be just good business. I question you saying the driver carries some responsibility when at no fault. Loan your car to your neighbor, let him have an accident (no fault of his or even if his fault) and try to get his insurance to pay rather than yours. Good luck. LOL

Thanks Bob. I've been following this thread and your posts have been spot on.

I'm surprised at the many different points of view of who is liable for damages from a simple rear end vehicle accident. Your posts explain it clearly. Well done.

 

[AzureBlueBill]

OP does not have to "get a lawyer". Every insurance company has their own lawyers, and it looks like there are going to be 3 of them hashing this out plus the police department. OP's insurance company's lawyer is also his lawyer. Anything the dealer gives the OP will be above and beyond anything the have to do. I'd expect something as a gesture of good faith.

 

[Dmthomp32]

Looks like they ran that Maverick into anything large, heavy and willing to take the abuse. This is painful to look at. Sorry this is awful.

 

[Ken L]

I won't comment on liability, insurance etc. But on the Dealership Customer Service Relations. (or lack of), At the very least, they should have called the customer, advised him of the accident, and have a meeting with the service manager and possibly general manager as well. Then they could have gone over the details of how to proceed, who's responsible repair costs plus, and why.
I'm quite sure that the dealership would have a preferred body shop that they recommend, possibly with courtesy cars or rented through insurance.
Also, the OP mentioned that the dealer told him that driving the truck was not recommended. WHY? Did the impact in the front that damaged the air conditioning condenser also damage the radiator (overheating) or something more serious. Bent frame (unit body components) and the truck may drive in a straight line or wander, to become a hazard driving.

 

[Blinky]

Thanks Bob. I've been following this thread and your posts have been spot on.

I'm surprised at the many different points of view of who is liable for damages from a simple rear end vehicle accident. Your posts explain it clearly. Well done.

It's not that simple though, because a third party is involved.
Unless the Maverick was hit at an extreme rate of speed, or the driver was sitting in neutral or park without the brakes depressed then they were probably too close to the vehicle ahead of them and MAY bear some fault depending on the laws in Colorado.

Personally, I think the dealership is trying to weasel out of taking responsibility for their driver following too closely.

Regardless of their little waiver on the repair authorization form the dealership should have taken ownership of the collision and at bare minimum should have supplied OP with a copy of the police report, contact information for all of the drivers, contact info for any witnesses, and everyone's insurance information.
Just demanding the loaner return and shoving OP out the door with a broken, possibly written-off vehicle was irresponsible and extraordinarily nasty. It makes me wonder if there's some bad business between OP and the dealership, or if it's just run by jerks which is always a possibility.

 

[Tag1260]

I got lost on this whole thing when they told him to take it to a body shop. Doesn't that dealer have one?

 

[Ranch]

It's not that simple though, because a third party is involved.
Unless the Maverick was hit at an extreme rate of speed, or the driver was sitting in neutral or park without the brakes depressed then they were probably too close to the vehicle ahead of them and MAY bear some fault depending on the laws in Colorado.

Personally, I think the dealership is trying to weasel out of taking responsibility for their driver following too closely.

Regardless of their little waiver on the repair authorization form the dealership should have taken ownership of the collision and at bare minimum should have supplied OP with a copy of the police report, contact information for all of the drivers, contact info for any witnesses, and everyone's insurance information.
Just demanding the loaner return and shoving OP out the door with a broken, possibly written-off vehicle was irresponsible and extraordinarily nasty. It makes me wonder if there's some bad business between OP and the dealership, or if it's just run by jerks which is always a possibility.

What is too close? Why would the driver of the Maverick put it into neutral or park at a stop?

 

[Ranch]

I got lost on this whole thing when they told him to take it to a body shop. Doesn't that dealer have one?

I used to work at a large Ford dealer that didn't have it's own body shop.

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