All dealerships have General Liability insurance policies with a rider on it called Garage Keepers. In this rider if they have the three "Cs" then they are FULLY responsible for what happens to your car. Meaning if they have the Care, Custody and Control of your car their insurance policy has to take care of any damages.
The problem you will likely face is what guidelines the insurance company they have go by. Some will replace your parts with OEM parts (which will cost more) and MOST will use NON OEM parts. Either way you should not be penalized or pay a single penny.
My advice FIGHT for OEM parts to bring your car where it was prior to them having the "Cs" and also fight for more. Now that your car was involved in an accident your car is no longer worth what it was prior to that accident. You now can ask for compensation for DEPRECIATED value.
I have an insurance agency and I am a state licensed insurance agent. DO NOT SETTLE for anything less. DO NOT allow your insurance company to pay for your damages to your car. JUST BE STERN and FIGHT FOR WHAT IS RIGHT. In a polite manor tho.
Insurers have every right to put aftermarket or LKQ parts on a car of that age. The purpose of an insurance policy is to indemnify those involved. Putting brand new OEM parts on a 4-6 year old car over indemnifies. Some insurers are more lax than others on this point, but in no way does this "penalize" the parties involved. This is standard practice backed up by the states that allow the insurers to write policies and handle claims. It isn't some trick by the insurance companies to rip people off. You can always push for OEM but don't be surprised if they don't bend and give you everything you think you deserve.
That said...if the dealer does take care of you then you probably have a better chance of them using all OE parts since their cost is likely similar to the cost of aftermarket or LKQ in some cases.
I would go after the dealership to make them play for it all. I would go up to the dealership to talk to the GM and service manager. Cause it seems to be a few days the GM has been ditching you. He should at least call and say hes work out the logistics or something.
You can all VW care and they will set fire under the dealerships feet.
You can also take them to small claims court. You would want to an independent quote from where they told you take the care too.
What dealership did this happen at?
I hate to hear about this kinda bullsh*t. They're probably just doing this because your a girl. We took my girls Rabbit I got her to the dealer for its scheduled maintenance, and the manager tried to convince her to get her brakes done saying they are dangerously worn. I piped up and said save it man the brakes are new, change the oil and and perform all recalls and bring it out. They cracked her engine cover, and lost a few skid plate screws. I had to get loud to get them to fix it.
I just hate mind games.
at this point i would call VW head office and inform them of what happened. let them know you are having a difficult time working things out with the dealership. i have spoken to them in the past...they are very nice people
in no way should your insurance premium go up. you were not at fault and the dealer should take care of all repairs, and warranty all work.
also keep in mind, that if they fix it 100% with oem parts, the value of the car has decreased and will hinder your re-sale value, if you ever choose to sell. you should also be compensated for this. looks like just your hood and fenders will have to be replaced, also keep in mind when they paint the body panels, they will not match the rest of the car (unless they do an amazing job of blending it into the other panels).
Lets rember something here. This car went in whole came out damaged.
Yes it was in the front.
If anything has to be pulled out at all its just not the same..
if you have a few things broken in the front (plastic bent part that can be replaced. thats one thing to replace. but if any of the original frame is bent this is no longer your car. they need to replace you with something that you had before.
Van 2 year from bran new goes into deal regular maintaince (oil change)
customer gets van back on the road again.. oil light..
oil light freaking out.. pull over no oil plug. no oil..
they replace oil after tow back .. did something.. always ran a bit rougher.. (how the trans jumped into gears)
they refused or just plain ignored there cries of well its not the same vehicle. Just fluffed it off . thats normal blau blau this went on for like 6 months. Hey mr dealer this was new no longer new now. Had potential of years in its fine form now no longer in fine form running rougher. we want what we bought new. they where getting no ware . It was a wall
They documented. (made note of every little tiny thing that happened best they could rember from day one when oil plug issue)
they spoke with a lawyer they recommened a mediator
Mediator broke it down broght in a 3rd party specialist to consult on each side, fair is fair this is no longer the same vehicle that went in. oil was not there at some point and there was damage.
they argued the bough new car should be new for at least 4-5 years got offered full price of vehicle back and took it bought anouther at anouther manufactor dealer. (there was alot more but this is the short)
Your car may never be the same after this. You do not know what this damage will do to your car. you may of had 10 more years no real issues beyond basic wear and tear parts. but odd things might crop up because of this where they will have denyability . very easy to wash there hands from that because its been so long.
Mk5 is getting older depending on the year I would push for a replacement (used with lower milage and heck no front end accidents or any accidents for that matter) thats what you had might as well get something newer or with less milage. At least a freshen up (a better vehicle because of your ignorance made me get a lawyer)
rember this is a dealer they screw folks over on trade ins all the time.. its easier on them. fair is fair. Perople (and I do not want to argue) get way more selling private. But dealer knows folks want to buy from respected warrenty not some private person. (I think its all marketing but they do have a point) So they make again on there trade ins)
Ok I only skimmed through this post so maybe the pic damage is not as bad. but my experience you never know til you tear it all down and put it all back together. parts don't fit proper are they going to bend and push them back in and you may not get to know that.
you want what you had. if not a bit better and its nothing to be ashmed to want you deservere. you take it there because of that reason. DOn't let them fluff you off and tell you its better then it was. make sure the frame crumple zones anything that is the main part of the car is not effected. right down to the hoses the tinnest crack.
my 2 cents (actually more like 6-7 cents with inflation. google fractional banking its so wrong)
(mind my spelling english not great)
Last edited by s2angel; 05-18-2012 at 09:49 AM.
Dealership wont budge.. Talked to the sales manager yesterday (because the GM will NEVER call me back) and wont even give me a deal on a used car and even stated that they were being 'nice' not to charge me for the 1600 part in my car before he wrecked it. They said they could be mean and put a lein on my car since I haven't paid for the part....I'm so frustrated and mad...stormed out. I'm done being nice.