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Sad Maverick Owner. So mad at Ford...

gp1200x

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Yeh..that damage is so extensive they will be replacing half the body parts assuming the frame is not really bent. The dealer has insurance to cover them but they will try to make you use yours and have you make the claim...keeps their rates down. Get a new truck or low mileage used one...they are out there now at some dealerships...I just saw two used ones in NY. Some people buy it and decide they don't really like it and want something bigger and trade it in after a few thousand miles. With gas down to less than $3 many no longer car about gas costs.
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reneau

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Talk to a good lawyer! That's pretty much all you got at this point. Complicated case.........
 

James K

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So, I'm not really sure where to direct my frustrations. Maybe, people here can help me see a proper path to peace.

My 2022 Mav Hybrid XL had to be taken into the dealership (Brighton Ford in Brighton, Co.) where I originally purchased the vehicle as the powertrain failed at around 18k miles.

The vehicle was inspected and it was determined that the powertrain had faulty connectors and needed replaced. A common problem for the first year models.

Good news right?

So, while they were doing a final test drive the vehicle was rear ended, and hard. So hard the vehicle was pushed into a F-150 with a trailer hitch.

The dealership calls me and basically says "So, good news and bad news. We fixed the issue and your free to come pick up your truck and return the loaner, but your truck was involved in an accident and you need to have it taken to a body shop as we don't recommend driving it. But, it is drivable, and you can come pick it up and return the loaner."

So, I take my loaner back and they drive my truck around for me. Very serious damage front and back. I finally get a chance to take it in to a body shop for an estimate, and I've been told that the damage is so extensive they are amazed it's not wobbling as I drove it down the highway as the vehicle frame is twisted and bent. My radiator is demolished and I'm surprised I've not had issues with that, and you can feel the bend when standing inside the bed. Basically, my vehicle is totalled..

What really pisses me off is that if they total it our and refuse to repair the truck not only am I out of my beautiful blue truck, but I'm out a year of my life that I waited for my custom ordered truck, the $3k cash I put down, but also no vehicle on the market today comes with a 1.9% APR...if I have to buy a new vehicle I'm going to lose my shit and sit outside Brighton Ford and picket daily letting potential customers know that they will destroy your vehicle and leave you with the bill.

Anyway, I just needed to rant.

So, am I wrong for thinking that Ford should be making me whole? The dealership basically told me "It was not our fault so it's not our responsibility to return the vehicle in the condition it was received."

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That doesn't sound right. They had control of the vehicle when it was wrecked. Kind of like it being vandalized in their service lot and saying: oh well, too bad". I've never seen this exact circumstance but as a retired Risk Manager for a large multi-national, I have to say that since the dealer had control of the vehicle, they have the liability. If you're required to put it through your MV insurance the dealerships General Liability should cover any losses such as deductibles and rental car. I'm doubtful you can get anything for your wait time but you shouldn't lose any money including things you added to the truck.
 

Bmr4mav

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Well, it's their fault or it's your fault. And, it's not your fault.
I think I would have refused to give up the loaner.
Neither of those. Your forgot about the person that actually caused the accident.
 

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Bmr4mav

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Even if they do fix it completely, you have diminished damages. The truck will never be worth what it was. It will always show the truck was in a wreck and this will bring less money if you trade the vehicle or sell it out right.

I had a new Explorer wrecked many years ago and received a diminished value claim for my loss in addition to getting the vehicle fixed.
that is state specific as in not all states have diminished value reimbursement. Luckily GA does.
 

Bmr4mav

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My two cents, sadly if you read the most of the work orders that we all sign when we bring our vehicles to the dealership, they all have clauses in those work orders that release the dealership from responsibility to what happens to the vehicle while in their possession, if an accident occurs technically your insurance coverage is the one that would work with the other drivers insurance and/or dealers insurance to recover any costs to your insurance company. That is how a no-fault state like Michigan works.

If I were you the first call I would have made would have been to the Brighton police to get a copy of the police report, second call would have been to my insurance company and finally I would have requested to meet the GM and owners of Brighton Ford. You have to be careful how hard and how much you bash them, sadly in this day and age things can back fire on you if you go to hard publicly calling them out.

Ford Motor Company did nothing wrong outside of the crappy build quality of the first year Mavericks that landed yours in the shop, however the people running Brighton Ford are POS's and should have basically called you and told you what happened immediately following the accident.

For the most part if the frame is affected, I would assume it would be totaled due to repair costs to these unibody vehicles. It sucks what happened, but it could be worst as you might have been driving and could have been injured. I hope your insurance company makes it right and I would defiantly find a way to keep pressure on Brighton Ford to get you a replacement truck at the best price possible. They need to take ownership of their mistake.
Exactly. The owner has to go after the driver that rear ended their truck.
 

Bmr4mav

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You all blaming the dealership are silly. That’s like blaming your friend for getting rear ended when they borrowed your vehicle. You legally could not go after your friend and the same goes for the dealer in this situation. You go after the person that caused the wreck.
 

Bmr4mav

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That's one of those things you can only answer after the event. If you were rear ended and didn't hit the car in front of you then you were at the right distance. If you did hit them then you were too close. There are too many variables: speed, vehicle weight, in park/neutral, foot on/off the brake, etc. to give a definitive answer. In anti-terrorism training you are taught to stop so you can see the rear wheels of the vehicle in front of you. That is really about avoiding being trapped between two vehicles. But it would be a good (not perfect) cushion to avoid being driven into the car in front in a rear ender.
This is getting ridiculous. You can’t make any of those conclusions without some unknown factors like the momentum of the vehicle that caused the initial collision.
 

Bmr4mav

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Bmr4mav

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That doesn't sound right. They had control of the vehicle when it was wrecked. Kind of like it being vandalized in their service lot and saying: oh well, too bad". I've never seen this exact circumstance but as a retired Risk Manager for a large multi-national, I have to say that since the dealer had control of the vehicle, they have the liability. If you're required to put it through your MV insurance the dealerships General Liability should cover any losses such as deductibles and rental car. I'm doubtful you can get anything for your wait time but you shouldn't lose any money including things you added to the truck.
Your vehicle gets broken into while valet parked. Whose insurance you think is going to cover it?
 

upnash

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Did you call your insurance agent? Why are you trying to fight with the dealer? Your insurance company is holding the bag let them figure out who is paying for the damages?
 

James K

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Your vehicle gets broken into while valet parked. Whose insurance you think is going to cover it?
You can make a case for the whoever had control of the vehicle. As a Risk Manager for a large multi-national I've been involved in numerous litigations. While it can depend on jurisdiction your comparing apples and oranges. First off, the vehicle was brought to the dealer to be made right (made whole). There is an implicit contract there. Unless there is a service contract that specifically spells out liabilities, the injured party has a right to seek address. The Valet has no such contract other than to park the vehicle. Now if there is a rash of break ins with this service, you could make an argument that the service failed to take reasonable measures to protect your property but that would be a gamble.
 

CougarMattMusic

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So, you took your Maverick in to a Ford dealership to have repairs done, they test drove it and got into an accident while a Ford dealership employee was driving it? I kind of think they are 100% responsible for all the repairs since they got into an accident with your Maverick and provide a loaner while it's under repair.

This is like them saying we had your Maverick on the lift and it fell off, now take it somewhere to get an estimate for repairs and get it fixed!
Ironically, my mechanic dropped my Ford off a lift while it was outside and they were power washing it to try and find an oil leak and luckily no one was injured. The check I received was for more than I paid for the truck plus they reimbursed my registration fees. But the check came from their insurance company and I was pretty sure they didn't want to go under what the truck was worth and get sued. I feel like I received about $2,000 more than I could have sold the truck for. The dealer 100% should have had their insurance company take care of the whole affair. My mechanic's insurance company even, took care of hauling off the car off the lot of my mechanic. Assuming they sold it at some auction. Best of luck.
 

Old_Norm

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This is getting ridiculous. You can’t make any of those conclusions without some unknown factors like the momentum of the vehicle that caused the initial collision.
Did you actually read what I wrote? I said, "There are too many variables: speed, vehicle weight, in park/neutral, foot on/off the brake, etc. to give a definitive answer. "
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