Main dealer has written car off

[Flumpo]

Unfortunately it’s another one of those whinging threads.

So, main dealer collected my sisters car for a service. They have written it off last week. All looked ok as they provided a courtesy car and said they would sort it.

Through their solicitor they have offered 12k. Autotrader values the car at 13840 as a private seller. To buy the exact same car, costs £17k on the dealers website.

The solicitor for main dealer has said they won’t go above 12 and that’s a problem for her gap insurance not their problem. The solicitor has refused to speak to her other than to confirm she accepts the offer, the solicitor has also said they want their courtesy car back as it’s her problem if she won’t accept the offer.

I know insurance companies normally try to pay book price, but it feels like the dealer should really put right, especially as they wouldn’t sell her a replacement for that price.

If it had just been damaged and repaired we wouldn’t have had any complaints. Not looking for compensation. But I would have expected ‘like for like.’

Main dealer now won’t speak to her.

Her insurance company are not interested and won’t get involved.

Any advice?

Other than wait for full lockdown and go mental on the dealer stock knowing the police wouldn’t investigate.

[stevemcs]

I would have have thought they need to provide the market value - as in cost to replace, lets be honest if they were looking at replacing it then 12k would be fair, however given it wasn't the owners fault then i personally wouldn't want to be out of pocket.

Either they pay up the full amount or I would be hiding the loan car until they upped there offer or replaced the car like for like. I assume the dealer is claiming on their insurance and thats all they will offer.

How about giving them some reviews on the dealers website, google and facebook ?

[OddCat]

Why can't they just find her an equivalent replacement car?

[anonymous-user]

Does her car or house insurance have legal protection, if so use it.

[anonymous-user]

Alternatively can they source another equivalent car at trade price?

[Flumpo]

Hi thanks for replies. The dealer are insisting it s an insurance problem nothing to do with them.

The insurance have passed it to their solicitor who is stating the offer is non negotiable.

I wanted to give the dealer the chance to put right before any online reviews or social media type thing.

I do feel under the circumstances they should provide a like for like.

If I took a suit into the suit shop I bought it from for an alteration and they ruined it. I would expect another suit off them.

Her car insurance won’t get involved, she doesn’t have house insurance she rents.

[Brads67]

The dealers insurance has to put her back in the position she was in before they destroyed her car. That is what Third party cover actually is.

Tell them to fark off and offer them their day in court.

[55palfers]

Seems very unfair.

As per the other poster, ask the garage to get her an identical / acceptable car

And tell them you'll be keeping the courtesy car until they do.

[SydneyBridge]

Get social media/local newspaper involved if necessary

[LaurasOtherHalf]

Cool starry bra n'all that but our local Audi dealer did it with a VIP's (well, in PH terms) RS6 a couple of years ago. The tech took out the apprentice after a service and in a "watch this" moment wrote it off, nearly killed the apprentice and was inches away from severing a leg (or arm).

From what I heard, they certainly did not offer him a minimum insurance pay out. As above, offer them their day in court.

[2 sMoKiN bArReLs]

The insurance excuse is a pile, they could top up the difference if minded.

As already said, if I were the dealer I'd be providing a similar car. (Or even try to upsell , I've always been a chancer)

[ambuletz]

take it to the financial ombudsman service, let them make a decision that could be legally binding if it goes in her favour. the process may take time though anywhere from 3-12 months

[2 sMoKiN bArReLs]

Have you/she sat face to face with the Dealer Principal? (outside 2m of course)

[Centurion07]

IANAL but hiding the courtesy car sounds like a very bad idea.

That's the dealer's car, her problem is with the dealer's insurers/solicitor.

You need some actual proper legal advice rather than the opinions of a bunch of us on here but for what it's worth, I wouldn't have thought it would be too hard to get the insurers to up their offer given their own client want another £5K on top of their derisory offer to replace like-for-like.

[2Btoo]

Centurion07 said:

You need some actual proper legal advice rather than the opinions of a bunch of us on here but for what it's worth, I wouldn't have thought it would be too hard to get the insurers to up their offer given their own client want another £5K on top of their derisory offer to replace like-for-like.

As this guy says, get proper legal advice. However the sticking point here seems to be that the insurance company are playing VERY hard ball with their offer. The dealer in question would be able to replace the car more cheaply through the trade then your sister can privately and there is a faff factor with actually going to view and buy a replacement car.

If it was me then I'd certainly ask to put the matter in front of a court to help them decide what a fair offer is, but legal advice is better than advice from t'internet.

[Graveworm]

Anyone who has an accident or damages a car would put things in the hands of their insurers. They would say pass all correspondence via us. The beef is with the insurer. If they won't move then it's time for ombudsman or court.

[stevemcs]

Centurion07 said:

IANAL but hiding the courtesy car sounds like a very bad idea.

That's the dealer's car, her problem is with the dealer's insurers/solicitor.

You need some actual proper legal advice rather than the opinions of a bunch of us on here but for what it's worth, I wouldn't have thought it would be too hard to get the insurers to up their offer given their own client want another £5K on top of their derisory offer to replace like-for-like.

While I agree, it was the dealer who wrote the car off not the insurance company. The dealer needs to put the customer in something of equivalent value as it was their member of staff that wrote the car off. The only chance of forcing the dealers hand is to hold on to their property as long as possible.

[2 sMoKiN bArReLs]

I know what I'd do

1) Arrange a face to face with DP
2) Take in the details of the "identical car" and ask for a straight swap
3) Have a frank and honest conversation
4) If, and only if, the above was not forthcoming talk to the Franchise which the main dealer represents. Dealers score points based on customer satisfaction

I'd do all that before going legal. Plus, I'd think twice about legal. The difference isn't actually £5k

(Speaking as a former dealer who has indeed given a customer a vehicle after a bit of an "error")

[MB140]

I’d be inclined to tell them they wrote it off you expect an equivalent car asa replacement. If they can find it for £12k then good for them. Either way tell them you don’t want cash you want a replacement car. Failing that, faceache, ttter, instawk etc for public opinion. Stand out front of the dealership with a brief description of what’s happened, what there solution is and how there doing you out of £x.

Keep handing them out to every customer. Make sure you stay off there property though. Do it from the pavement. Maybe ask to see the dealer principle. Tell him you will be back everyday. You have nothing better to do in these covid times.

[ruggedscotty]

Name and Shame - pictures on facebook - the whole thing letters and all examples of their stty behaviour, get it everywhere, they really don't like bad publicity, is it a main chain dealer ? what about the manufacturer, with things like that you shame them and affect their business as much as you can. rent a couple of vans or poster trucks and post a poster near them that details how stty they are being.....