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      01-05-2010, 01:44 PM   #1
Pete The Greek
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dealer really f***ed me this time

So all of you had stood up and taken the dealers side in this thread: http://www.m3post.com/forums/showthr...=missing+tools so I figured next time I had a problem with the dealer I would give them the benefit of the doubt. So here's the story, my 3 series got rear ended while parked on a sidestreet the other persons insurance took full responsibility to repair the car. We took it to Perillo BMW early December and they were supposed to be done by December 16. The insurance only covered our enterprise rental until that date. So it's January 5th and the service guys at the dealership have not even contacted the insurance to inform them why the car is taking so long when it was supposed to be done weeks ago. In addition to this I received 2 parking tickets in the mail and they requested a hearing in my name, is that even legal?? I went in last night and talked to the GM and they assured me this would all be taken care of then I walk out to pick up my car and the trunk has about 10-15 6 inch scratches from top to bottom, I'm missing panels from inside my trunk, and the wheels have not been refinished from the curb rash. They told me to just bring the car back and they could repair it another day, but fuck that, so they can tell me all this happened after I picked up the car. So I wake up today and get a message from the insurance saying they will NOT be covering the rental, and I am responsible for the bill, I'm furious!!

ok rant off
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      01-05-2010, 03:04 PM   #2
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Lawyer up if they deny claims. THen F*** them back:-)
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      01-05-2010, 03:25 PM   #3
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Wow. They really screwed things up. This is just me but I'd put the issues in writing, specifically describe the remedies you expect, and set up a meeting to review those with the GM or better yet the dealership owner. Give them a chance to remedy their mistakes (tough to do but possibly easier/cheaper than a lawyer).

If they blow you off there's always the local news (call for action kind of thing that might be worth a shot before a lawyer, or small claims court depending on the size of damages).
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      01-05-2010, 03:37 PM   #4
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Lawyer up if they deny claims. THen F*** them back:-)
Sue an insurance company over a rental?....horrible idea.

I shudder when people think it's macho to "lawyer up", in reality for anyone who's ever filed or be filed against, it's full of stress, a giant time suck and you'll likely spend much more than you hope to gain.
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      01-05-2010, 03:50 PM   #5
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I really don't want to get a lawyer involved like consolidated said, its more trouble than its worth, I just want this resolved.
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      01-05-2010, 03:54 PM   #6
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Why you did not raise hell on that dealership on Dec 17?
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      01-05-2010, 04:03 PM   #7
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Why you did not raise hell on that dealership on Dec 17?
I was getting the run around and I gave them the benefit of the doubt, I figured they'll take care of it, as they told me they will.
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      01-05-2010, 04:12 PM   #8
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What I dont get is Y people go to the dealeship for this type of shit. I try to stay away from dealerships as much as possible. Its resulted to be a pretty good idea.
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      01-05-2010, 04:30 PM   #9
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What reason did the dealer give for not having the car done when (and as) promised? And parking tickets? That's just stupid.

Talk to the insurance company, explain the situation, and find out exactly what you need the dealer to provide to avoid paying for those rental charges. Remember, the insurance company doesn't care who pays and won't have a problem helping you, they're just looking for the easiest path to get their money.

After that it's simple, just make a list of exactly what you need the dealership to do to fix everything they've caused, talk directly to the GM (or similar person in charge), and demand that they get each item on the list done. Unless you did something to cause the delay, parking tickets, or subsequent damage, there's no way in hell you should pay anything and I can't see any reasonable business person not understanding.

Just remember to remain professional, keep emotions out of things, and try to be as objective as possible about the situation.

If you don't get anywhere with the dealer, you can always use the post-service survey and BMW North America as a way to voice your displeasure. In many cases, these get much more attention than many people give them credit for and can be a very nice way to get revenge on a less than scrupulous service advisor, etc.

One thought though - you might be screwed with the rental charges if the dealership gave any indication that they might not be able to complete the car in time before you left the car with them for service or if the estimated date was known to be contingent on the availability of parts, etc. Two weeks is quite a long time to let things go and the dealership might have a valid argument if they offered to let you pick up and drive the car until whatever they needed to complete the work actually came in.
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      01-05-2010, 04:43 PM   #10
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What reason did the dealer give for not having the car done when (and as) promised? And parking tickets? That's just stupid.

Talk to the insurance company, explain the situation, and find out exactly what you need the dealer to provide to avoid paying for those rental charges. Remember, the insurance company doesn't care who pays and won't have a problem helping you, they're just looking for the easiest path to get their money.

After that it's simple, just make a list of exactly what you need the dealership to do to fix everything they've caused, talk directly to the GM (or similar person in charge), and demand that they get each item on the list done. Unless you did something to cause the delay, parking tickets, or subsequent damage, there's no way in hell you should pay anything and I can't see any reasonable business person not understanding.

Just remember to remain professional, keep emotions out of things, and try to be as objective as possible about the situation.

If you don't get anywhere with the dealer, you can always use the post-service survey and BMW North America as a way to voice your displeasure. In many cases, these get much more attention than many people give them credit for and can be a very nice way to get revenge on a less than scrupulous service advisor, etc.

One thought though - you might be screwed with the rental charges if the dealership gave any indication that they might not be able to complete the car in time before you left the car with them for service or if the estimated date was known to be contingent on the availability of parts, etc. Two weeks is quite a long time to let things go and the dealership might have a valid argument if they offered to let you pick up and drive the car until whatever they needed to complete the work actually came in.
The dealer said they were waiting on a part that was on backorder, they did not give me the option to pick the car back up as the car was barely driveable so it wouldn't make any sense to pick it up before it was done. They also said they will pay for the tickets, and that they spoke with the insurance regarding the extended time for the rental vehicle and the issue has been resolved. The rental should be covered by insurance, but incase it doesn't get covered they said they would pick up the tab. I guess we'll see what happens within the next few days, I really hope the dealer can pull this together and get everything resolved because I had a great experience buying from them twice, it would be a shame to lose a customer because of service repair issues.
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      01-05-2010, 05:54 PM   #11
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Here is the best advice for you: resolve the issue respectfully and peacefully. Get them to correct this mess and after that...stay away from them as far as possible. Please, take it from experience.
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      01-05-2010, 06:04 PM   #12
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FWIW, next time (hopefully there isn't but if there is) take it to IND. I just got my car back and it's perfect.
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      01-05-2010, 06:05 PM   #13
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Definitely get a lawyer involved. NOT to file a suit but to have him issuing a letter and THREATENING litigation unless immediate response is provided. That would not cost much and would light a fire in their @$$.
Any not-so-braindead person would try their very best to avoid a lawsuit. No one wins except lawyers.
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      01-05-2010, 06:40 PM   #14
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No one wins except lawyers.
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      01-05-2010, 07:04 PM   #15
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Quote:
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Definitely get a lawyer involved. NOT to file a suit but to have him issuing a letter and THREATENING litigation unless immediate response is provided. That would not cost much and would light a fire in their @$$.
Any not-so-braindead person would try their very best to avoid a lawsuit. No one wins except lawyers.
Totally disagree! And I am a lawyer Threatening anything is the least likely way to get the other party to take the steps you desire. That's not law that's just an understanding of human nature. Furthermore, one should not threaten actions that one is not willing to take; once exposed as a bluff you've lost all credibility. Threatening litigation should be a very last resort and even then it is unlikely to succeed.

A lawyer is sometimes useful as a mediator because he or she can firmly negotiate without the counter-productive anger and emotion that the aggrieved party may bring to the discussions but as previously said, too expensive in this case. You can take the role yourself, as it seems you already have, just be firm, cool, polite AND relentless and I think you will do alright. Keep us posted
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      01-05-2010, 07:41 PM   #16
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Yeah, I was going to say you're in Chicago should've taken it to IND/A&L

First and foremost Perillo isn't a body shop they outsource work by their warehouse on Division might even take them to Gold Coast Autobody.
But good move not accepting the car its their problem until you sign for the car back I would just bite the rental charges for now and send them the bill. But obviously when you check out bring the tickets to the service managers attention, those have to be paid for.

Twice they've pulled my car out to the service bay on clark and was sitting there past 4:30 during rush traffic so I got parking tickets and they paid for them.

Who is your service agent?
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      01-05-2010, 07:53 PM   #17
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Yeah, I was going to say you're in Chicago should've taken it to IND/A&L

First and foremost Perillo isn't a body shop they outsource work by their warehouse on Division might even take them to Gold Coast Autobody.
But good move not accepting the car its their problem until you sign for the car back I would just bite the rental charges for now and send them the bill. But obviously when you check out bring the tickets to the service managers attention, those have to be paid for.

Twice they've pulled my car out to the service bay on clark and was sitting there past 4:30 during rush traffic so I got parking tickets and they paid for them.

Who is your service agent?
I'm speaking directly to Juan from their autobody shop
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      01-05-2010, 09:22 PM   #18
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wow
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      01-05-2010, 09:34 PM   #19
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Quote:
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Totally disagree! And I am a lawyer Threatening anything is the least likely way to get the other party to take the steps you desire. That's not law that's just an understanding of human nature. Furthermore, one should not threaten actions that one is not willing to take; once exposed as a bluff you've lost all credibility. Threatening litigation should be a very last resort and even then it is unlikely to succeed.

A lawyer is sometimes useful as a mediator because he or she can firmly negotiate without the counter-productive anger and emotion that the aggrieved party may bring to the discussions but as previously said, too expensive in this case. You can take the role yourself, as it seems you already have, just be firm, cool, polite AND relentless and I think you will do alright. Keep us posted
+ 1,000.
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      01-07-2010, 03:29 AM   #20
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Pete,

Besides using the lawyer card, would the dealer be more caring if you presented this case to BMWNA. I hope everything goes well.
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      01-07-2010, 03:36 AM   #21
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The whole notion of just Lawyering up is completely stupid and those who think that way make those like my Fiancee a TON of money!

I had a similar situation fairly recently....

Saying that, you have many options and non of which will cost you a lawyer or any money out of pocket. If your car does not meet your standards upon delivery from repair, tell them. Spell out every issue that is not up to your satisfaction and have it written out on paper. Now you can choose to take your car then and have the repair facility/dealership/body shop at a later date and time or you just tell them that you are not going to accept the car in its condition until they fix your concerns. KEEP IN MIND THE INSURANCE COMPANY YOURS OR THE OTHER PARTY IS NOT GOING TO PAY FOR THE REPAIRS UNTIL YOU HAVE SIGNED OFF ON THE CAR.

As far as rental, if the other party and their insurance carrier has accepted 100% responsibility to the accident and costs involved, then they are obligated to cover costs such as the rental car for the period that your car is being repaired. They can not just cut off the rental with yours sill being fixed. You may have to talk to them a bit but there is one set of key words you need to know that insurance companies really hate:

The Key words of the day is: BAD FAITH

A potential bad faith claim goes directly against the insurance carrier and has no statutory limits. In my case the other parties carrier agreed to pay for my rental (which lasted for almost 3 months) but when the bill came, though the rental was less than what they told me I could spend for the rental car, they did not want to pay the various "taxes and fees" that the rental agency had charged (which was almost $1000).

I spoke to the carrier and simply pointed out that if they did not pay all costs associated with the repair, not only would I refuse to sign their release but I would sue their insured in small claims for anything I could think of (diminished value, loss of work, time spent dealing with them, ect.) but I would also file a Bad Faith claim against the insurance carrier. It took all of 6 hours for a supervisor to come back and offer to cut me a check for my full rental if I would sign a release.

The key to remember is that it is the insurance carriers duty to minimize the amount of loss on a claim any way possible. This is how, as a company, the insurance carriers stay in business and stay profitable for its investors. Nothing against you, its just business.

And again.... getting a lawyer at this stage is going to get you NOWHERE except more in debt. The average civil suit in Ca takes no less than 28 Months for any type of resolution and I do not want to even tell you how many billable hours attorneys rack up in that time, but lets just say I have a damn good Sugar Mama because of it...

Last edited by spectrumphoto; 01-07-2010 at 03:43 AM. Reason: Lawyers are better paper weights than advisors...
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      01-07-2010, 08:43 PM   #22
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FWIW, next time (hopefully there isn't but if there is) take it to IND. I just got my car back and it's perfect.
I second this, never take the car to a dealer for any body work, I use IND too and am in the south suburbs. I know that dealership well, they used to be in the south subs before moving; I always thought they had a good rep but this isn't what they advertise. Sorry to hear about your problems. The only thing a dealer is good for is warrenty work, that's it.
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