Calgary Hyundai ... will not cover....

[tatanka]

So heres the scoop.

I recently bought a 09 Hyundai Elantra from Calgary Hyundai. I gave them permission to drive the vehicle off their lot to deliver it to my residence.

However in the process of doing so, one of their employees got in accident ,where the freaking employee rear ended someone.
Now the dealership is not taking any onus for the accident.
Generally speaking should the dealership's garage policy cover this.

Can anybody provide me with some insight on this.

Thanks.

[lilmira]

So it happened before you took delivery. Did you accept or refuse the delivery then?

[bubbley]

WTF!!!!!!!!!!

Also, why wouldn't you take delivery of the vehicle at the dealership?

AMVIC TIME

[SpeedIllusion]

Did you sigh any kind of waiver devoiding them of responsibility if they got into an accident while driving it to your house?

[adidas]

What a shitty situation.

[Xtrema]

This would be no different than handing key to your friend when you are drunk.

If you gave permission, you are responsible for the driver's action.

Give all the facts to insurance but unfortunately, it's on you. And that's the risk you take when you give your keys to someone else.

[Tarrantula]

Pretty stupid move on your part if you signed a waiver.

[Sugarphreak]

....

[scat19]

Need more details

[gqmw]

Originally posted by scat19
Need more details

Need a bit more before I can comment. But if you signed a waiver...you're screwed.

[tatanka]

Originally posted by scat19
Need more details


I had them deliver it because i drove my other vehicle to the dealership to finalize the paperwork.So i couldn't drive both vehicles back to my residence at the same time.

No waiver was signed.

[scat19]

Time to contact AMVIC.

http://www.amvic.org/complaint_form.htm

What did they exactly say when "they won't cover it"

[psycoticclown]

If no waiver was signed, it should be on them than.

[FraserB]

If you had signed the final delivery paperwork, then Xtrema is probably right. Its just like handing your keys to a friend to drive it.

Would this go through the drivers insurance since he is not included on OP's policy? What happens if he only has PLPD?

[Masked Bandit]

The OP might be okay here (with a little fighting). The rules for dealerships are a little different then you just handing your keys over to a buddy.

The garage (dealership) has a policy in place to cover customer vehicles while they are in the dealerships care, custody & control. Just think if you dropped your vehicle off for service and the mechanic smashed it up. The shop pays. The fact that a dealership employee was driving it on behalf of a customer says to me that this will end up back on the dealership's policy. The manager / boss at the dealership likely doesn't understand his own policy but you can sure bet that when this claim makes it's way to the OP's company, they'll make sure it goes back to the shop's policy.


Tom...am I right on this?

[Zewind]

Originally posted by Masked Bandit
The OP might be okay here (with a little fighting). The rules for dealerships are a little different then you just handing your keys over to a buddy.

The garage (dealership) has a policy in place to cover customer vehicles while they are in the dealerships care, custody & control. Just think if you dropped your vehicle off for service and the mechanic smashed it up. The shop pays. The fact that a dealership employee was driving it on behalf of a customer says to me that this will end up back on the dealership's policy. The manager / boss at the dealership likely doesn't understand his own policy but you can sure bet that when this claim makes it's way to the OP's company, they'll make sure it goes back to the shop's policy.


Tom...am I right on this?


I'm not Tom, but that looks right to me. Garage Policy should be paying out on this policy. Was the vehicle a write off?

[FraserB]

If the car isn't a write off I would still be demanding a new one. There is no way I would take delivery of a car that had already been in an accident ans repaired, that would kill all value in the car. If they want you to keep the car they should be giving you a massive discount to make up for devaluation due to the accident.

[Xtrema]

Originally posted by FraserB
Would this go through the drivers insurance since he is not included on OP's policy? What happens if he only has PLPD?

It's all on your insurance. I think this would be like the valet scenario. Except the dealership isn't exactly a valet service.

Personally, I'll ask someone to give me a ride to the dealership or even get a taxi or public transit instead of asking someone else to drive my new car off the lot.

[max_boost]

Yeah this one is tough man. You already paid for it, have insurance and one of their employees crashes it. That fucking sucks.

How different is it than a tech taking your car for a 'test drive' after performing some mechanical work? You know there's always an extra 3-5kms on the car after you get it back.

Calgary Hyundai should step up and take care of this. Some really negative PR could be in order.

[Kavy]

Originally posted by max_boost


Calgary Hyundai should step up and take care of this. Some really negative PR could be in order.

I agree, I would be on the phone to the Hearld for some reason they think this type of stuff is page 2 material.

[autosm]

WOW I would want a brand new car and nothing less at no cost to me.

They have insurance for employees driving customer cars. Even if you have insurance.

[Sebasshole]

Whos plate was on the car.
If its your plate then you might be fucked over.
That means the car is legally yours and has your insurence and after it leaves the lot of hyundai, the car is for the most part yours. Thats what is on the papers. Same as if you drive the car off the lot and crash it down the street. Only if they had a dealer plate on the car or you specified the conditions of your delivery in the case there was a accident and you sign. Your fault.
Who is your salesmen, my office partner worked at calgary hyundai and knows more and can research for you.
If the dealership was half decent they would man up and at least cover the deductable.

[scat19]

So explain to me, sebasshole, when an employee test drives your car after mechanical work with your plate on it and it's totalled? :rolleyes:

[Sebasshole]

well how else is he suppost to do his job?
Is your car still broken sir. I guessed that it was a out of balance wheel but im not insured to drive your car. So take it for a drive and come back.......
Obviously A MECHANIC WOULD BE INSURED. A LOT BOY OR SALES REP wont be insured for a customer car unless specified by legal document.

This is just what i know from asking my boss. There insurence might be different but thats our policy.
They only case we can deliver a car insured by us is for a member of first nation.....like a indian reserve we must deliver the vehical and take a picture of delivery on there grounds for proof that it was delivered to that customer and that they live there because they dont pay tax on there car.

If he would reply to my question who is there sales rep. my friend will talk to them and maybe find out what there insurence covers.

[-STi-]

Originally posted by Sebasshole
well how else is he suppost to do his job?
Is your car still broken sir. I guessed that it was a out of balance wheel but im not insured to drive your car. So take it for a drive and come back.......
Obviously A MECHANIC WOULD BE INSURED. A LOT BOY OR SALES REP wont be insured for a customer car unless specified by legal document...

When I was working as a lot boy back a couple yearas ago, I was covered by the dealers insurance, no matter what veichle I was driving. If I was driving a customer car to the detail shop and crashed the dealer would of paid the bill for my mistake.

I do agree that all dealers can be different, but I don't think the OP should be at fault. I drove many customer car's and a few deliveries with the paper worked signed, and I was at fault if anything was ever to happen to them. Techs, salesmen, managers, and lot boys were all covered under the same policy. We ALL had coverage on customer car's

Hyundai should be stepping up and taking the heat for the salemans screw up. Good luck with the situation OP.

[lilmira]

So in a different scenario, I go for a test drive without signing any paper which happens. If I crash, I can just say tough luck and walk away then.

[rage2]

Originally posted by lilmira
So in a different scenario, I go for a test drive without signing any paper which happens. If I crash, I can just say tough luck and walk away then.
Yes, that's usually what happens.

[gqmw]

Originally posted by rage2

Yes, that's usually what happens.

Serious? Wow I did not know that...

[Xtrema]

Originally posted by lilmira
So in a different scenario, I go for a test drive without signing any paper which happens. If I crash, I can just say tough luck and walk away then.

Yes, that's why no salesman will let you out without a signed paper explaining your responsibility for the test drive, such as damages and tickets.

[psycoticclown]

Originally posted by lilmira
So in a different scenario, I go for a test drive without signing any paper which happens. If I crash, I can just say tough luck and walk away then.

Yep. Most reputable dealers will make you sign some papers. However, I remember test driving a Mini with my friend and all they took was his ID, salesperson didn't come at all and we didn't sign any papers.

[lilmira]

Yeah, it happened to me twice. I went to the dealership for test drive. I was gonna give him my info, he just tossed me the keys.

[AE92_TreunoSC]

Wont your own insurance investigate the problem for you?

It really sucks your new car is damaged, which reduces the value of the car right there.

Hyundai NEEDS to step up here and at least try to make things right.

[FiveFreshFish]

Originally posted by tatanka



I had them deliver it because i drove my other vehicle to the dealership to finalize the paperwork.So i couldn't drive both vehicles back to my residence at the same time.



Look on the bright side. At least he didn't rear end you. :rofl:

Hope it all work out.

[psycoticclown]

^^Haha if he hit you? I wonder how insurance would sort that one out haha. Rates don't just go up, they triple the rates than hahaha.

[Redlyne_mr2]

Originally posted by gqmw


Serious? Wow I did not know that...
ya once in a while things go wrong on test drives and we cover it but that's because it's on our dealer plate with our insurance. We also offer the vehicle pick up and drop off service and if we crash we cover it just so we don't end up with any upset clients. It's totally the dealers decision if they want to cover the Hyundai or not and obviously they don't. I'm assuming the vehicle was registered and insured under the op's name which means that technically it's the op's responsibility. It is bad press for the Hyundai dealer to not do anything though. I'm not sure why people cry amvic when they know nothing about the laws.

[VaN_HaMMeRSTeiN]

Originally posted by psycoticclown


Yep. Most reputable dealers will make you sign some papers. However, I remember test driving a Mini with my friend and all they took was his ID, salesperson didn't come at all and we didn't sign any papers.


Ahh yes, I remember that incident
(I wasn't involved)

[Doozer]

This sounded intriguing, so I just called my Dad who's an insurance broker.

He basically said that unfortunately, it sounds like the OP is probably out of luck.

Presumably the paperwork transfering ownership was signed, or else the car wouldn't have been allowed off the lot. The car was then in the buyer's possession which is the key point. Same thing as if it immediately started hailing - the dealership is done with the car; the hail damage is the buyer's problem.

Once the car was in the buyer's possession, it was his choice to allow the employee to drive it.

And because the insurance ALWAYS ALWAYS ALWAYS (at least in Canada/US) stays with the vehicle, not the driver, the buyer's insurance is what takes the hit.

Now, the only potential way out is if the new car still had a dealer plate. If the registration/insurance hadn't been done on the new car, that's a new scenario that my Dad had no idea what would happen.

[max_boost]

Shitty deal. Well my buddy was a detailer/lot guy at Crowfoot BMW years ago. I didn't know it was him until he told me. He wasn't driving but was in the passenger seat when they rolled an 05 Silver 330Ci cab haha :rofl: I can't remember if that was a customer's car or not.

[TomcoPDR]

+1 ban the lot boy's Beyond account

[inline6turbo]

I really depends on what plate was on the car does it not?

Did OP go to dealership and put his plate on new car? If so, he's essentially giving the keys to a "buddy" and he's screwed.

OP should have made dealership dude use a dealer plate in a plate bag to assure liability is not his.

But on the flip side, he is coming from a dealership, and didn't sign a waiver relieving them of liabilities. I'd say the dealership should step up and cover 50/50, although I don't believe they're legally obligated to do it.

[lilmira]

Does anyone remember Hyundai Canada gave a free car to the guy who's Hyundai got run over by the BMW? You should go that route. Just go public with pics and video.

[shakalaka]

If you were to take this to court the chances are that Calgary Hyundai may be held liable for the damage. Because they offered you their employee, didn't get you to sign any waiver forms stating that they would not be liable for any unforeseen circumstances. Had they refused to let one of their employee's drive the car to your house, you obviously would have found some alternative means. But they offered, you accepted. Or you requested, they offered. Either way essentially what it seems like is you placed your trust on their employee and more importantly on the dealership is an entity, at their insistence WITHOUT signing any express permission or forfeiting any of their liability. Offcourse they would argue that it was your car, under your name, they were doing you a favour etc
But there is a possibility that Calgary Hyundai may be held liable for this due to the doctrine of vicarious liability. Which is basically a form of strict, secondary liability where an employer can be held liable for the negligence of their employee's. And in this case since it was a rear end collision I am guessing negligence was a part of the whole situation? Was a police report filed at all, what did that say? The employee must have been held at fault?

But yea Hyundai should really own up to this, it looks really bad on their part as a customer oriented company.:dunno:

[nonlinear]

what a SHITTY deal, man, and what SHITTY service from this dealership. i would publicize this situation as best you can, take photos and everything and put it up on beyond. alert both the dealer and hyundai canada to the thread, and see if they will have a change of heart.

the dealer has fleet insurance that should be able to take care of the damages. i'm guessing the dealership doesn't want to report this to their insurance, though, and risk increasing their premiums or whatever. what a shitty dealership :thumbsdow :thumbsdow :thumbsdow

[Redlyne_mr2]

Originally posted by nonlinear
what a SHITTY deal, man, and what SHITTY service from this dealership. i would publicize this situation as best you can, take photos and everything and put it up on beyond. alert both the dealer and hyundai canada to the thread, and see if they will have a change of heart.

the dealer has fleet insurance that should be able to take care of the damages. i'm guessing the dealership doesn't want to report this to their insurance, though, and risk increasing their premiums or whatever. what a shitty dealership :thumbsdow :thumbsdow :thumbsdow
It's because the deductible on their garage policy is probably around $5000 or more which means it would be cheaper for them to just pay to have the car repaired rather than put it through insurance. They would have made maybe $1000 max on the OP's new car deal so they're making a business decision rather than a PR decision. :(

[SpeedIllusion]

I would call up Hyundai Canada and talk to them, I'm confident they wouldn't want bad press flooding the news.

[eg_eric]

Originally posted by TomcoPDR
+1 ban the lot boy's Beyond account

haha! love it. i second the motion!

[DonJuan]

doesn't boostinfested work at a Hyundai dealership? perhaps he canshed some light on this.

My vote is to refuse delivery of the vehicle. On the dealership

[Boost Infested]

^^^ don't put my name in this lol... first mistake is buying from Calgary Hyundai.. haha just kidding. I just manage the parts department different Hyundai store. I know nothing bout delivery policy.

My opinion is the dealership should give the customer a new car. It's the employee that crashed the customers car regardless if the paper is signed or not.

If I was to drive my friends car and crashed. My insurance policy would have to cover his car.

[2BLUE]

I will never buy anything from these guys!!!

You should sue them!!!!

[Zewind]

Update from OP??

:dunno:

[rage2]

Originally posted by Boost Infested
If I was to drive my friends car and crashed. My insurance policy would have to cover his car.
That's not how our insurance works unfortunately, it follows the car not the driver. Even if you wanted your insurance to pay out your friend if you crashed his car, they would just laugh at you.

[shakalaka]

Originally posted by rage2

That's not how our insurance works unfortunately, it follows the car not the driver. Even if you wanted your insurance to pay out your friend if you crashed his car, they would just laugh at you.

What he said. We insure the cars not ourselves. So if I am driving my friends car and I crash it, his insurance company would pay for it not mine because my car is fine.

[Boost Infested]

Originally posted by rage2

That's not how our insurance works unfortunately, it follows the car not the driver. Even if you wanted your insurance to pay out your friend if you crashed his car, they would just laugh at you.

I got into an accident with my mom's civic 6 years ago and I was at fault and they claimed under my insurance. Can they do that? I have my own insurance and they have their own.