Dealer and Chrysler refusing to Repair damage from dealer lot

[jdmartin]

Here it is

What is this a picture of? I cannot make out anything this is supposed to be.

Rule #1: Never pick up a truck on the spot. Always have it detailed and full of gas when you pick it up.
Rule #2: Never pick up a truck in anything but daylight on a non-rainy day.
Rule #3: Walk the entire exterior, peek at the undercarriage, review the entire interior including all hidden cubbies and things with doors.

If you do these things you're almost guaranteed to not leave with a damaged truck. I want a clean truck, full of gas, and the chance to look over everything before I take delivery.

 

[Adrianp89]

He'd be throwing his money away. The burden of proof would be on him. Unless the dealership admits guilt, there is no way for him to prove where, when, how this happened, so the claim would get dismissed.

This isn't true. Even to have a lawyer review this case, would cost more money then for them to fix it.... unless they are complete morons, or stubborn, much easier to just settle.

 

[RSConsulting]

I had a couple of small dings in the driver/rear door - noticed them at pickup - dealer fixed.

Typically - once you take it off the lot - they have no way of knowing if the damage was there before you left. And looking at things OBJECTIVELY - I can see both points of view.

Last truck I bought - I put a scratch in the drivers door with the key, on the way out of the lot. Well - got that one out of the way - the first one always hurts the most - but at least the "ice is broken".

Just hit my year anniversary on this truck - no accidents - haven't smoked in it ONCE (miracle for me).

Sometimes though - a dealer will take advantage of the fact that - after spending time "negotiating", waiting to get into the finance managers office - waiting to hear back from whoever is financing - signing and initialling more stuff than it takes to buy a house - fighting off their attempts to sell you add-ons/warranties - waiting for the detailer to finish and fill the tank - you just want to LEAVE ALREADY. This truck - I spend almost 5 hours there, and just wanted to GTFO. But I did go over the entire exterior with a flashlight (as it was almost dusk) and with the Granite Metallic paint - even the smallest dings show up.

But again - once you LEAVE THE LOT - while you would hope the dealer stands by their sale - it's gonna be on YOU (especially on cosmetic stuff).

Rick

 

[rourky80]

I know exactly how it feels..... I finished the paperwork and was handed my keys in the dealer showroom, and all excited went and jumped in the cab, stupid me. Finished going over everything inside with my salesman, he jumped out and I drove home, 2 mins drive away. I had the kids come out and jump in and I played around some more. Jump out of the truck and head to the house, notice small scratches in the tailgate only been off the lot for half an hour. Took pics, texted to salesman and jumped back in the truck to the dealer, glad it was close. The checked it out and were surprised that we all missed it. They actually think it was something with delivery on the truck, they then checked it at other locations where truck tie down straps had caused issues, but there were no other problems. They agreed to fix it for me, they have a guy that comes around in his mobile paint booth, sets up in their lot, and is used mostly on their trades and used vehicles. I came back in the next week when he was on site, and they had the tailgate resprayed for me, all at their (or FCA's) cost. I was happy with my resolution, the salesman and the dealer I think did their job. Next time I need to do mine and do a proper walk around to make sure something like this doesn't happen.

 

[slatersan]

But again - once you LEAVE THE LOT - while you would hope the dealer stands by their sale - it's gonna be on YOU (especially on cosmetic stuff).

Yep. Sucks, but it's 100% on the buyer to inspect...closely...the vehicle and raise any issues before taking possession and leaving the lot. Of course a dealer could choose to go above and beyond and take ownership of a ding found shortly after delivery, it isn't mandatory.

Sorry for the hassle, OP.

 

[jth877]

Is it OK to name the dealership and location? I feel that it's well deserved.

 

[VectorZ]

He'd be throwing his money away. The burden of proof would be on him. Unless the dealership admits guilt, there is no way for him to prove where, when, how this happened, so the claim would get dismissed.

It's a civil case, not criminal which means:
The lowest standard of proof is known as the 'preponderance of evidence. ' The preponderance of evidence standard comes into play when the plaintiff satisfies the burden of proof by offering evidence that demonstrates their claims have a greater than 50% chance to be true.

This is easily accomplished.

 

[jth877]

It's a civil case, not criminal which means:
The lowest standard of proof is known as the 'preponderance of evidence. ' The preponderance of evidence standard comes into play when the plaintiff satisfies the burden of proof by offering evidence that demonstrates their claims have a greater than 50% chance to be true.

This is easily accomplished.

Since I left the lot for almost two hours before discovery of the damage I don't think this gets me to 50%. At best I'm at 50/50.

In the end it would be nice for the dealer to repair their mistake to make good. The strict rules by the state of NY say they can get away with it once the paperwork is signed. Losing a 3x customer over this is petty as hell. I still wonder exactly who does this "strict" vehicle inspection prior to delivery FCA stated to me. I doubt any inspection was done.

 

[mikeru82]

It's a civil case, not criminal which means:
The lowest standard of proof is known as the 'preponderance of evidence. ' The preponderance of evidence standard comes into play when the plaintiff satisfies the burden of proof by offering evidence that demonstrates their claims have a greater than 50% chance to be true.

This is easily accomplished.

Care to elaborate on that? How would that be easily accomplished? In this case it's the buyer's word against the dealership's word. There is no possible way for the buyer to prove the damage was there when he took delivery, and that it couldn't have happened after he left the lot. If the dealership wants to play hardball I don't see how the buyer can win.

 

[VectorZ]

Care to elaborate on that? How would that be easily accomplished? In this case it's the buyer's word against the dealership's word. There is no possible way for the buyer to prove the damage was there when he took delivery, and that it couldn't have happened after he left the lot. If the dealership wants to play hardball I don't see how the buyer can win.

Of course, the judge will look at the facts. The plaintiff will state that he saw the damage when he got home and immediately reported it. He can pull reviews off the web and provide those as evidence of any other similar cases. The judge will evaluate whether he seems like a liar/shady or whether he is honest and forthright. Many times businesses or plaintiffs simply do not show up and you win by default. Again, for $50 and a few hours of your time it's worth pursuing. Of course he's going to have to get an estimate first to prove what his damages are.

 

[Adrianp89]

You guys are discounting the fact it is highly unlikely this even gets to a judge. At a <$500 repair, and lawyers charging $300-$500 an hour, why would they even bother to fight this? They would fix it and be done with it.

 

[VectorZ]

You guys are discounting the fact it is highly unlikely this even gets to a judge. At a <$500 repair, and lawyers charging $300-$500 an hour, why would they even bother to fight this? They would fix it and be done with it.

Exactly, that's the idea. Although most times the dealer would just send a sales manager or someone like that to court instead of lawyers, but if it's a large dealer they may have someone on retainer.

 

[bill-e]

I goy my truck home and the very next day noticed a dent in the bed fender when I was washing the truck. Called the dealer and they had their paintless dent guy showing up the next day. I drove back and watch the very meticulous guy fix the dent.



Fixed

 

[mikeru82]

I'd say the majority of dealerships would take care of the problem. In this case it seems like they are attempting to cheap out on the fix. All I was saying is if this were to go to court, I don't see the buyer coming out on top based on the information we have at this point. Now, you never know what a judge is going to decide. And we have no way of knowing if this dealership has a history of this type of behavior. Both of these variables would affect the outcome.

I agree that it's likely the dealership will cave before it ever went that far. It's not worth the negative publicity they might see, nor the small amount of damages we're talking about here. I stand corrected about filing a small claims case if they don't. You guys are right, it wouldn't ever make it before a judge.

 

[Aseras]

Get a prepaid legal service like legalshield or legal zoom. Do a consult, have them send a demand letter. Usually that will suffice and get things moving in your favor.

 

[OldMarine]

This isn't true. Even to have a lawyer review this case, would cost more money then for them to fix it.... unless they are complete morons, or stubborn, much easier to just settle.

you don't need a lawyer for small claims...dealer would just send a lot-jockey to court as a rep, and watch as the judge tosses the case.

 

[RunsWithBeer]

Some service departments are great.

We had a diesel VW Jetta that was well out of warranty (like 5 years into ownership) and the headliner had shrunk due to poor materials exposing the underlying foam and frayed edges at the B and C pillars. I was picking it up from the dealer for some other service, and out of the blue, the service writer asked if I'd like the headliner replaced. I of course said "No, I can't afford that". He said it would be "no charge", performed as a customer satisfaction issue. I was blown away. They did a great job and we drove that car another couple of years.

There are good service departments out there... Maybe not part of FCA; but they don't all stink.

There may also be nice people that work at the DMV. I haven't met one yet, but you know, there might be...

 

[jth877]

These guys are the largest upstate NY RAM dealer and in the Albany area. I've always had good luck with their service dept. My first purchase (a used 2012 Liberty in 2014) the service dept notified me that the rear brakes were going to need to be fixed even though they felt fine to me and had plenty of pad life. Something with the e brake. No charge. When the e brake pad separated and locked the rear axle they towed it from my house, no charge and a rental grand Cherokee for week. When my 4th gen 2017 RAM kept freezing and breaking the retaining clips in the bottom of the window they fixed it no questions. That happened 3 times. It was a terrible design. I had to open my driver window twice a day to badge in and out of work so I had to use the frozen window.

It's pure management issues. I think even the sales guy I dealt with was a little stumped.

 

[Adrianp89]

you don't need a lawyer for small claims...dealer would just send a lot-jockey to court as a rep, and watch as the judge tosses the case.

I would find this VERY hard to believe. If this did happen, a competent and prepared plaintiff would wipe the floor with a lot jockey.

 

[slatersan]

I would find this VERY hard to believe. If this did happen, a competent and prepared plaintiff would wipe the floor with a lot jockey.

What am I missing? In this specific instance, the facts are that the buyer left the lot with their finalized purchase and notice a ding 2 hours later and returned to dealership. Dealership says they aren't responsible since the buyer accepted the vehicle and no parties noted the damage before leaving. It isn't rocket surgery to say that to a small claims court arbiter.