Story for my Dis folks...

[jupers]

This is not really dis related but we did just get back 2 weeks ago from wdw and we drove my car...I just thought I'd share I brought my car to the dealer to because it was smoking under the hood, they called and told me it was just a plastic bag somehow under the hood, everything is fine but they are taking it to the body shop to fix a dent, they put in the door...the next phone call I got was that my car burned to the ground!!!! I am still in shock!

 

[tgropp]

Better now than on the drive back home.....and no one was hurt. Still a pain though. Good luck

 

[Nanajo1]

At least it happened after your trip!

 

[ABE4DISNEY]

Wow! Crazy and scary experience! So glad no one was injured!

 

[Sandisw]

OMG...not really the way you want to think of your trip ending...glad though that it did not happen on your way home or when anyone was in the car...

 

[thepops]

Look on the bright side ... Sounds like you're getting a new car! YAY!

 

[jupers]

Lol...eventually I guess...I got to see a video today of it engulfed in flames. I'll keep ay posted!

 

[bigtony777]

It sounds like you are having a sense of humor about it. I think I would be angry, shocked, and finally laughing about the situation. Hope the insurance process is as painless as possible.

 

[jupers]

OP here...this has turned into a complete mess! The dealership says it is not their fault and took the loaner back, I am in a rental, and I had to call a lawyer! Ugggghhh anyone have any thoughts on how this might play out?????

 

[supersnoop]

OP here...this has turned into a complete mess! The dealership says it is not their fault and took the loaner back, I am in a rental, and I had to call a lawyer! Ugggghhh anyone have any thoughts on how this might play out?????

Was the fire their fault? This sounds like something that would be covered by your insurance. Did you have compressive coverage?

 

[MarlaSingersLaundry]

OP here...this has turned into a complete mess! The dealership says it is not their fault and took the loaner back, I am in a rental, and I had to call a lawyer! Ugggghhh anyone have any thoughts on how this might play out?????

Do you have comprehensive coverage? If so, just make a claim with your insurance and let your insurance deal with it. If you don't have that insurance coverage, and the dealer wont voluntarily pay, then you will have to sue. Different states have different bailment laws. Good luck to you.

 

[jupers]

Hi...my insurance is dealing with it...however, I am meeting with an attorney tomorrow, It may turn into nothing but I just don't see how I did my part and brought them a car with a smoking engine but they say it's fine, it explodes but they are not at fault and tough for me.

 

[MarlaSingersLaundry]

Your insurance will pay you the market value of your car, unless you have premium insurance like Chubb. IF your insurance company pays you for the car, they will independently subrogate against the dealer to get their money back. If your insurance company pays you for the car, you have essentially been "made whole" and there isn't anything left for you personally to sue for. You can't get extra damages, punitive damages, pain, suffering or anything like that. You can only get economic damages related to the loss of the car. Your state law may be slightly different than where I practice, but I doubt it. Even to get economic damages, you have to show the dealership was somehow negligent in causing the fire. Not knowing all the facts, I think you would have a better case if the dealership returned the car to you, after claiming it was fixed, and it then had a fire. The dealership will argue that it was still "fixing" the issue, a known thermal event, and was non negligent in the fire.

Me personally, not as a lawyer, I wouldn't pay them for any services allegedly performed.

I think more concerning is the car had a thermal event. It seems this would have happened even if not in the shop's possession. What kind of car was it? Was it newer? I would report it to the manufacture. I'm very glad this did not happen while you or your family were in the car, or driving long distance!

 

[Gracefulskinny]

Having had to work with the insurance to replace a totaled car twice I've picked up a few tips in dealing with them. Keep in mind that the first offer they give you as "the value" on the car is low balled and they expect you to negotiate to a more fair market value.

Go out on the web and look for used cars that are your EXACT make/model/year/millage (Get millage as close as you can)

*** I am talking about actual listings here NOT Blue Book quotes!!!***

Find the 3-4 highest quotes out there for the closest match to your car you can find and take screen shots and print out the listing.

After reviewing your research they will generally come back with a decent offer.

Sorry to hear this happened. I too would be interested in knowing what kind of car this was. Sounds like something I wouldn't want to drive. Good luck with the lawyer!

 

[DebbieB]

Hi...my insurance is dealing with it...however, I am meeting with an attorney tomorrow, It may turn into nothing but I just don't see how I did my part and brought them a car with a smoking engine but they say it's fine, it explodes but they are not at fault and tough for me.

Are you seeing an attorney separately? I wouldn't pay an attorney at this point. The insurance company's job is to handle it for you, they employ attorneys.

 

[jupers]

UPDATE.... finally heard from the insurance company, looks like balance of the car will be covered and should have a down payment on a new one. Will be glad to put this whole mess behind me. Thank you for all the advice, especially about negotiating with insurance company! I didn't know you could do that.

By the way, the car I lost was a GMC Acadia...

 

[catherines_mama]

UPDATE.... finally heard from the insurance company, looks like balance of the car will be covered and should have a down payment on a new one. Will be glad to put this whole mess behind me. Thank you for all the advice, especially about negotiating with insurance company! I didn't know you could do that. By the way, the car I lost was a GMC Acadia...

I've heard some stories on Acadias. Now I've heard people who love them. But I've heard horror stories too. Glad y'all are okay and it's finally all getting settled.

 

[Gracefulskinny]

UPDATE.... finally heard from the insurance company, looks like balance of the car will be covered and should have a down payment on a new one. Will be glad to put this whole mess behind me. Thank you for all the advice, especially about negotiating with insurance company! I didn't know you could do that.

By the way, the car I lost was a GMC Acadia...

Glad I could pass on the knowledge! Happy Car shopping!

 

[MarlaSingersLaundry]

Are you seeing an attorney separately? I wouldn't pay an attorney at this point. The insurance company's job is to handle it for you, they employ attorneys.

Kind of...I am one of those attorneys. The insurance company will sue to get their money back (subrogate) from the shop. However, they will not employ an attorney to sue induvidually on behalf of an insured. They will only defend the insured when sued for a covered loss. But I agree, I wouldn't pay an attorney to handle this matter now.