12-26-2013, 11:13 AM | #337 |
Drives: Black 14 2SS/1LE/RS 14 Tundra Join Date: Dec 2013
Location: Plymouth, Ma
Posts: 2,414
|
man this whole story makes you wonder if you can trust any one. We have gps trackers for all our work trucks real easy to install (50$ a month) records location speed when cars is running or shut off very handy for work. I think long and hard now before giving my car to a place for repair on pulling one them out and installing it in the car before handing keys over. You can set alerts to for it to email you of it goes over certain speed or when its starts up or shuts down. Be interesting calling onstar to have them shut the car down because cars it out speeding around when it should be at one there dealers. What would happened if Cops had caught him in the car speeding around.
|
12-26-2013, 11:16 AM | #338 |
Drives: 12 Boss 302 Join Date: Sep 2009
Location: Grand Rapids, Mi
Posts: 1,369
|
The dealerships moral responsibility is to make the OP whole. A 2012 with same miles or less and no out-of -pocket is making the OP whole. Asking for more is unjustified by the OP, but a couple of oil changes for his trouble isn't too much to ask.
__________________
The biggest mistakes in life come when you know exactly what you are doing.
|
12-26-2013, 11:22 AM | #339 | |
Booooosted.
|
Quote:
130R / Padre / jm88 Small things absolutely change the argument in almost all cases. Which is why I've learned to preface my comments on most situations with the 'If we have the full and accurate story' disclaimer. If the city asked me to store a telephone pole in my garage then yes, I'd replace it for them if it got out and someone wrecked it. Employers are responsible for their employees actions and in many ways it's bullshit. But how far that goes will vary on SOP and from location to location. It's why I made the comments I made earlier. Business owners are held at liability for EVERYTHING. And I do mean EVERYTHING. Whether it's out of their control or not. I HATE it when people downplay the business owners risk and make them out to be villains who simply sit on their asses and reap the benefits while the employee somehow is the backbone, the rock, the most important and have the foremost worth in the equation. (mini rant but I see it as relevant here) Simple fact is that the police in this case (again, if we have the whole accurate story) have quoted an SOP that leans toward dealership liability. ONE small thing can change the whole thing. ie, the friend stealing a car from my garage vs my minor son stealing it. I'd feel compelled to make it right as the person in control of the car. (I think I might have to run this by my insurance and maybe make an adjustment after reading all of this.) In the meantime I am not working on anyone elses cars at my house. I never charge anyone but I have worked on a number of peoples cars in my driveway just to help out. And on two occasions had them leave it overnight. IN THE DRIVEWAY OUTSIDE. After hearing this stuff I will not. Always wondered but never really paid much attention. I just assumed that they'd understand if something happened. Yes, if my son stole it I'd make it right. But if my best friend came over and took the keys and ruined the car I'd have to make him pay for it. And I'd have to press charges. BUT, what if the police told me I can NOT press charges because my best friend has the keys to my house with my knowledge? (which is the case, he has my garage code and a house key) As a business owner myself, this would have never became a story. I'd have assured my client right away that we will have them made whole asap and I'll go about reimbursement of myself later. But I can ABSOLUTELY see 130R's point here. What more could the dealership have done? If they can not press charges against this guy then they might have to take a bath on this one. They need a policy that is congruent to covering them since the local laws are such that hate the businesses as well. (Delaware, huh?) Bottom line here is that businesses are considered by most to be greedy assholes who prey on the working class so liability MUST, in ALL cases lie with the business. Insurance, insurance, insurance. I have 5 insurance policies on 5 different things. Auto, Home owners, Life, Business, and Health (currently no health as I was dropped but I'll figure something out) It's sad but it's true, this day and age you better be insured for stupid shit. I should start a new insurance category and call it Frivolous Liability Insurance. This is a round robin situation that is going to land in someones lap. I just hope for the car owners sake that it does not land with the thief. Yet another reason to NEVER put my car in a shop. |
|
12-26-2013, 12:33 PM | #340 | |
Quote:
The 1st 500 miles of breakin & how somebody treats a car makes a huge difference in the quality of a car.
__________________
It's nice to have options.
|
||
12-26-2013, 12:40 PM | #341 |
SoCal Headturners
Drives: 2010 SGM Join Date: Mar 2010
Location: Anaheim Hills, California
Posts: 5,788
|
True, but they aren't liable for a new car. They are liable to replace what was brought into the shop. It would look good for them to give him a new car though. Sentimental value doesn't translate into cash.
|
12-26-2013, 01:17 PM | #342 |
Drives: Black 14 2SS/1LE/RS 14 Tundra Join Date: Dec 2013
Location: Plymouth, Ma
Posts: 2,414
|
PQ
AMEN. own my own business and I cant believe how many people think they are great employees, I have 15 people working for me 3 are great 2 are ok the rest are just another guy. No one understands all the hidden costs till the try to open a business and fail. I cant wait till mine is big enough to sell it and retire and as a business owner my idea of retiring is to stop working 70-80 hours a week and only do 40 hours a week. |
12-26-2013, 01:22 PM | #343 |
Only drives on Sundays
Drives: '16 2SS A8 NPP MRC NGray Join Date: Feb 2011
Location: Dalton, GA
Posts: 2,500
|
|
12-26-2013, 02:14 PM | #344 | |
Anyone worried about leaving their camaro with service
|
||
12-26-2013, 03:33 PM | #345 | |||
Drives: SS Join Date: Mar 2013
Location: USA
Posts: 221
|
Quote:
Quote:
Quote:
Apparently some here would have snapped their fingers and had a brand new $60,000 car with a hot blonde holding a puppy in the passenger seat for the guy 1st thing Monday morning. That's awesome for those of you that have those kind of super powers, but that's just not realistic; these things take time. At the end of the day, according to the information given to us by the OP, the dealership did nothing negligent. In my experience, assholes don't have: "You can't trust me, I'm an asshole" tattooed on their foreheads. For all we know a background check was done and it came back clean. What's the owner suppose to do? Have a PI follow all employees around when they're off the clock? Lock them up in a vault at night? A business owner can only do so much... Even if the advisor did have keys, you have to prove that that is unusual. That is, is it unusaul for some key employees to have keys to a business? The answer to that is, no. Obviously there is a trust that goes with that responsibility. The advisor broke that trust. Was it foreseeable? We don't know. For all we know the employee was a model employee that earned the owners trust over the years and had one really stupid lapse of judgement. None of you upstanding citizens have never done something really stupid? My only point in standing up for the dealership is to get people to think before they react. This thread grew 8 pages in one day with most people demanding the dealership owner be hung by his nut sack with the most minimal of facts, and from only one side of the story. The car had only been officially totaled THAT day. Some of you should be ashamed of yourselves for posting the kind of crap you did on their Facebook and/or website so quickly. Hey, at some point facts may come out that the owner is a real douche, but until then, how about giving him the benefit of the doubt. Wouldn't you want that same consideration? Last edited by 130R; 12-26-2013 at 03:54 PM. |
|||
12-26-2013, 03:55 PM | #346 |
Future ZL1 Owner
Drives: 2011 Edge Limited Join Date: May 2010
Location: Gilbert, AZ
Posts: 171
|
After reading the whole thread, I am looking at it this way:
a) The dealership is liable no matter how you slice it. First, the safeguards for the keys to prevent this from happening failed or were nonexistent. Second, whether or not the employee is on the clock, the fact remains that he is a representative of that entity and should be held liable. b) According to Arizona Revised Statutes, this clown would be charged with Unlawful use of Means of Transportation which is a felony in the state of AZ. As for my home state of IL, it is a Class 2 felony but can also be a misdemeanor in certain circumstances. Unfortunately, Delaware has no such law. AZ Law: http://cantorcriminallawyers.com/veh...ng-in-arizona/ Being a car person, whether or not it is the Edge or a ZL1, there would be that sense of violation due to the fact someone decided to take a joyride in my vehicle without authorization. Believe me, I would feel the same sense of anger on a very high level. The OP has a legitimate case against the dealership on the grounds of negligence (bare minimum) and may have to pursue that angle. But the advice of getting a lawyer would be echoed by me. I understand 130R's points but the basic facts remain that the dealership is still liable due to the fact the car was in their care at the time and safeguards to prevent this failed. |
12-26-2013, 03:56 PM | #347 |
Drives: 2013 Camaro ZL1 Join Date: Dec 2012
Location: Dallas, Texas
Posts: 2,155
|
I'm pretty sure a "background check" wasn't done. I still think that "employee" is somehow connected through family with either the dealer or a member of the local Police department.
|
12-26-2013, 04:43 PM | #348 | ||
Drives: SS Join Date: Mar 2013
Location: USA
Posts: 221
|
Quote:
Quote:
Examples of negligence would be: Someone at the dealership forgot to lock the gate, or, someone left the car on the street with the keys in the fender well. Reasonable care is also dependent on the circumstances, or the type of business. For example, a bank locking it's money in an ordinary closet wouldn't be reasonable care. If I'm holding money for you, that would be reasonable care. A dealership locking a vehicle in the service bay is exercising reasonable care. If the keys are hanging in plain view through a window a passer-by can easily see, probably not. Is a bank negligent that has a state of the art vault with 3' thick steel, a time lock, and every other possible safeguard negligent if someone manages to get past all the safeguards and steals the money anyway? No. A state-of-the-art vault meeting industry standards is reasonable care in protecting the money. If someone forgot to close the vault, that's a different story. Reasonable care includes making sure the safeguards are operational and utilized. Again, the dealer isn't required to ship the car to Fort Knox, that's not reasonable. Besides, if the plane crashed on the way back to the dealer, people would be screaming: "WTF were they doing shipping the car to For Knox for the weekend?" ASSHOLES!!! |
||
12-26-2013, 04:58 PM | #349 |
Drives: Black ZL1 Join Date: Apr 2013
Location: City of Champions, Alabama
Posts: 3,698
|
Pretty special
__________________
Check out Alabama Camaros, for Camaro enthusiasts all around Alabama https://www.facebook.com/groups/1739...group_activity
Last edited by 2012-1822; 12-26-2013 at 05:38 PM. |
12-26-2013, 05:00 PM | #350 |
Drives: SS Join Date: Mar 2013
Location: USA
Posts: 221
|
^ Now those guys should be hung by their nut sacks…
|
|
|
Tags |
1st state chevrolet, stealership, stolen, totaled, wrecked, zl1 |
|
|