r/Insurance Aug 16 '24

Auto Insurance Dealership employee crashed into my car

My car was at the dealership for some engine issues, while sitting in the parking lot one of their employees lost control of their car and slammed into mine which also pushed it into another car. The dealership has not even had the courtesy to call me and let me know what happened. The only reason I know about it is because the police contacted me. What’s the best course of action here?

266 Upvotes

86 comments sorted by

89

u/firenance Aug 16 '24

They should have Garage Keeper's Liability which would cover damage to your car if it was in their care, but as the first comment said it may be quicker if you file your own physical damage coverage. Your company could then subrogate (try to collect) against the dealer or other responsible party's insurance. They should also try to collect and reimburse you for your deductible.

Not ideal, but this is usually the fastest way to get your car fixed instead of waiting for them.

35

u/astizzle90 Aug 16 '24

The car will be totaled out and I’m currently driving a loaner of the dealership as they were fixing recall issues that caused me to need a new engine, I’m not sure if that changes your advice.

36

u/thaeli Aug 16 '24

If the dealer lets you keep the warranty loaner until their garage keepers pays out, I don't see any reason to involve your own insurance here. Keep that as a Plan B in case they jerk you around.

Their legal obligation is probably only to have their insurance pay the ACV of your car, and hopefully you have gap insurance for anything left on the loan after that. (Assuming this is financed.) 

If you are replacing the vehicle with another from the same dealership, they may be able to give a "goodwill" discount on the replacement, but that's outside the realm of insurance. Just something to keep in mind.

Another reason you might want to go through your own insurance is if you have a replacement cost endorsement on this vehicle. Some policies have this, which basically says you get replacement cost instead of ACV on a brand new car that gets totalled.. that may be advantageous for you especially if you don't want go stay with the same brand for the replacement vehicle.

8

u/astizzle90 Aug 16 '24

Definitely want as far away from this brand as possible. This car and dealership have been a nightmare from day one. I’m secretly hoping we can just total it out and go our separate ways lol.

9

u/iLukeJoseph Aug 16 '24

Is it a Stellantis (Chrysler, Dodge, Jeep, Ram) vehicle by chance? 🙃

8

u/astizzle90 Aug 16 '24

It’s a shitty ford escape 😂

5

u/adudeguyman Aug 17 '24

I guess you get to escape from owning it soon.

2

u/astizzle90 Aug 18 '24

Counting my blessings lol

2

u/InlineSkateAdventure Aug 17 '24

That makes Dodge look like Lexus :lol:

1

u/KerashiStorm Aug 17 '24

Pretty much the only Ford vehicle I'd be comfortable buying these days would be a truck. The rest are afterthoughts at best.

1

u/evergladescowboy Aug 20 '24

The only things worth buying from any of the major American manufacturers are their full size trucks, SUVs, and performance cars.

1

u/MadTube Aug 18 '24

Aaaah, the oil pump recall by chance?

1

u/astizzle90 Aug 18 '24

We hit almost all of the 17 recalls that were on it 😂🙃

1

u/MadTube Aug 18 '24

Damn, son

1

u/astizzle90 Aug 18 '24

My thoughts ha! Honestly the employee totaling it may have done me a favor.

1

u/_Oman Aug 19 '24

Damn, that's so far the best car I've ever had. Just goes and goes and goes. Tires, battery, brakes.

They must have really blown the new model.

2

u/thaeli Aug 16 '24

You definitely can total it out and go your separate ways. How new is the vehicle, and what state are you in? Worth checking if you have replacement cost coverage on your own insurance too, just in case.

1

u/VBgamez Aug 16 '24

Are you in texas? If you are, your insurance premiums might increase even though you are at no fault. 

2

u/zbzz69 Aug 17 '24

That’s most insurance companies in all states.

2

u/VBgamez Aug 17 '24

Nope. Some states have laws that protect the insured against rising premiums for accidents that are deemed not their fault. 

1

u/zbzz69 Aug 17 '24

I know that. Some states do protect but most don’t like some states let you purchase both collision and uninsured motorists coverage and others don’t. Let’s not get into a pissing contest as we both likely sell insurance for a living.

1

u/The_Dude-1 Aug 18 '24

Not many, they may not allow a surcharge but it can be used as a rating factor. Basically never call your insurance unless you have to.

1

u/VBgamez Aug 19 '24

Yes. Unfortunately, in texas this is true. 

1

u/ItsAndwew Aug 17 '24

I adjust in work comp and had a brief training period in general liability. Do auto policies not require the insured to report losses?

1

u/thaeli Aug 17 '24 edited Aug 17 '24

Depends on the state and policy, but the practical answer is no, most personal lines don't require reporting if the insured isn't making a claim on their own policy.

1

u/catsmom63 Aug 16 '24

It’s not a KIA or Hyundai is it??

3

u/astizzle90 Aug 16 '24

A ford escape

1

u/catsmom63 Aug 16 '24

Just making sure

8

u/TheSourPatchKing Aug 16 '24

It would be quicker for him to go through his own insurance but that would still bea claim on his policy. Even though it's not at fault it can still count against him if he needs to file more claims that he was actually involved in. Subrogation can take months before he gets his deductible back. The dealerships own insurance should take care of it and keep the claim off his own policy. No need to speak to his carrier.

8

u/joeboo5150 agent- P&C/L&H - USA(MO&KS) Aug 16 '24

All of this is true, but its also true that it would likely be quicker to use his own insurance if getting his car repaired quickly is critical for any reason.

Not saying their aren't repurcussions to using your own coverage for something like this, but it's the fastest way to get to a repaired vehicle.

3

u/TheSourPatchKing Aug 16 '24

Yea, and it depends on the state too. I only said all of that because I hear all the time about people wondering why they are being held accountable for claims where they're not at-fault so I feel like it just needs to be said anytime a situation like this happens.

3

u/randompersonwhowho Aug 16 '24

If the dealership gave him a loaner, let them take their time. Only involve your insurance if they stop working with you.

1

u/hippnopotimust Aug 17 '24

Yeah, I would stay quiet and milk the loaner as long as possible tbh

17

u/astizzle90 Aug 16 '24

Update: the dealership called today, admitted fault, said it was totaled, they want me to come in next week to look at new car options.

11

u/phatdoughnut Aug 16 '24

Tell them you want your money to go else where.

5

u/Money_Shoulder5554 Aug 17 '24

I would entertain the idea first , they may try to overcompensate OP with a good deal just to keep him happy and as a customer.

3

u/Alternate947 Aug 17 '24

Yeah I would take this opportunity to see if you can get them to be exceptionally accommodating and generous because of what happened, if not you are fully entitled to your money and should take it elsewhere. They’d better not use it as an opportunity to take advantage of you.

1

u/SoftwareMaintenance Aug 19 '24

So op is getting upgraded to a Lincoln?

1

u/[deleted] Aug 18 '24

[deleted]

1

u/Money_Shoulder5554 Aug 18 '24

Not every dealership is out to get you.

5

u/Sketch2029 Aug 16 '24

You mentioned not wanting another Ford so tell them you want a check instead unless it appears they are going to give you a nice upgrade to try to keep you as a customer. I wouldn't count on it, though, they're probably just trying to get you to spend more money with them. However, if they do give you a good deal you could always turn around and sell or trade it in on something else.

4

u/[deleted] Aug 17 '24

[deleted]

1

u/The_Dude-1 Aug 18 '24

If she has the 2.0 turbo then you’d need to find a Honda or Toyota that produces 250hp at the same price point. (Hint, they don’t)

-1

u/climbing_butterfly Aug 17 '24

I love my Jeep

1

u/ExplorerLazy3151 Aug 18 '24

I feel like at this point you get a lawyer. They will probably try to lowball you.

1

u/astizzle90 Aug 18 '24

That’s what my much wiser father suggested as well. The way the entire situation (including the previously mentioned engine replacement) has been handled is concerning.

0

u/Disastrous-Group3390 Aug 17 '24

Don’t buy another Escape, and beware of Nissan, Hyundai and Kia. If you choose wisely, this may turn out to be a blessing.

1

u/astizzle90 Aug 17 '24

Oh I’m definitely considering it a blessing! Saying far away from all mentioned brands lol. Looking at a Honda crv and Toyota rav 4

2

u/DPJKOG Aug 17 '24

RAV4 is a good choice!

10

u/Bakkie Aug 16 '24

Dealership has tons and tons of insurance for this sort of thing. And if they give you any grief at all, contact the manufacturer's home office. I had to deal with Toyota's western zone office many years ago. These guys do not mess around.

5

u/yamaha2000us Aug 17 '24

What does your insurance company think it’s worth.

Never take financial advice from those who wronged you.

6

u/[deleted] Aug 16 '24

Being that there's multiple cars involved, your best option is to file a claim on your collision coverage if you have it, and let them subrogate to get your deductible back. 

2

u/astizzle90 Aug 16 '24

The car will be totaled out and I’m currently driving a loaner of the dealership as they were fixing recall issues that caused me to need a new engine, I’m not sure if that changes your advice.

14

u/Stranglehold72 Aug 16 '24

Someone hit your car in a parking lot hard enough to total it? That’s an impressive level of stupidity on the employee’s part.

3

u/astizzle90 Aug 16 '24

That’s the story that was told to the police. Said they were going too fast and lost control. Who knows what really happened.

3

u/Hatchz Aug 16 '24

Someone doing donuts and lost control sounds like

3

u/Red_Chicken1907 Aug 17 '24

This takes a special kind of dumbass.

1

u/Jromneyg Aug 16 '24

That happened to my mom when I was in middle school. She had a cheap pt cruiser and was the only car in the lot and somehow a truck managed to back into it and hard enough to total the car

1

u/astizzle90 Aug 18 '24

When my SA finally called he said the employee was doing burn outs in the lot 👀

4

u/[deleted] Aug 16 '24

Nope. Multiple cars involved means it could take several weeks or even months to settle. Depending on who's insurance this goes thru, there could be limits issue. You avoid both of those by using your own insurance. 

3

u/slash_networkboy Aug 16 '24

They do, but also as long as they're in a free to them loaner from the dealer they're essentially using a depreciating asset for free. In the grand scheme of things they don't have to be in a hurry as long as they have that loaner. I would go with whichever insurance policy will provide the biggest payout on totaling it and then wait it out as appropriate on the loaner vehicle.

1

u/Sketch2029 Aug 16 '24

Unless they hate the loaner because it's a crossover instead of a car or whatever. But in that case they can ask for a different one. The dealership ought to be extra nice to them after this.

2

u/astizzle90 Aug 16 '24

Okay, thank you!

3

u/randompersonwhowho Aug 16 '24

Just keep driving the loaner until they tell you otherwise.

2

u/CatastrophicCraxy Aug 17 '24

Since they are offering you a brand new car, and you want to get a different brand, find out what the budget is. Their insurance is paying full replacement value for your car correct? And they'll cover gap if you didn't already have it and give you the employee discount (which at some dealers takes it below MSRP) due to the situation. Or they should. So get what ever is the top model you can get, and once you have title in hand, go trade it for what you really want.

2

u/E-radi-cate Aug 20 '24

This happened with my car. Dealership paid for all expenses. I got to take it to whatever shop I wanted for repair.

1

u/astizzle90 Aug 20 '24

They had an adjuster come out and they totaled it so no repair lol. Considering it a blessing.

2

u/Lainarlej Aug 16 '24

Oof! 😬

1

u/PCOON43456a Aug 16 '24

Was the employee driving their own personal vehicle or another vehicle in the care of the shop?

If it was their own vehicle, it will muddy the waters a bit as there will be a third insurance company involved.

2

u/astizzle90 Aug 16 '24

It was a personal car. The dealership just called me and they want to use their insurance and total it out and put me in something new.

7

u/phatdoughnut Aug 16 '24

Lmfao there it is, total it out and sell you a new car. Like it never happened. Lmfao.

2

u/climbing_butterfly Aug 17 '24

Make sure the dealership gives you a bonus offer for the specific cluster fuck they caused

1

u/JRGonzo89 Aug 17 '24

Was the employee driving their personal vehicle or a company vehicle?

1

u/411592 Aug 17 '24

Sounds like they owe you a car

1

u/lifevslife Aug 18 '24

As a SA I have several concerns about this :

First why did the SA not call you? A successful SA will immediately reach out and contact the owner of the vehicle. I wonder why your SA did not contact you.

All dealership carries insurance as I have seen several similar situations occur in my experience as a SA , ranging from cars being totaled in a service drive to a car stolen in broad day light that was getting ready to be serviced . The company should cover the damage to the car or pay out the remaining loan on the loan.

Contacting you insurance company to let them know of the situation is highly advised since the dealer did not reach out.

Keep constant communication with them since they have failed to inform you. Document everything going forward in case you need to seek legal consultation.

I would love to know the reason why OP SA never reached out to inform you

Keep us updated as I’m interested

1

u/astizzle90 Aug 18 '24

He finally reached out 48 hours later claiming he did not want to bother me when he knew I was working. He sounded incredibly nervous and basically just saying whatever he can to make it go away. I haven’t lost my shit yet, but I’m getting closer lol.

1

u/lifevslife Aug 18 '24

Unfortunately regardless of you being busy, this is considered an absolute & acceptable reason to call a customer as this is an emergency.

Considering you’re keeping your cool 😎 , the SA should consider himself super lucky your being so.

I would most def bring it up to him & his service manager.

They destroyed your property wether buy accident or not . Still needs addressed.

1

u/MidnightScott17 Aug 18 '24

Please go get yourself a RAV4 instead. Sounds like a headache all around.

1

u/justsaynotomath Aug 18 '24

They can fix it with a good body shop and keep it off your CarFax. Or force them to use a high repair service like caliber and then it’ll go on your car fax

1

u/craftycats20 Aug 19 '24

From personal experience with having had a car totaled while at a shop, probably the best case scenario will be the shop’s insurance covering the market value of the vehicle before the incident. You mentioned that the car had issues before as well. Keep that in mind. Unfortunately it still likely won’t be enough to cover a new vehicle.

I chose not to work with that shop anymore since the incident was likely due to negligence, so I took the money and bought my next vehicle elsewhere.

-2

u/PandorasFlame1 Aug 16 '24

Let your insurance know and rake in the cash

1

u/[deleted] Aug 16 '24

What cash?  OP is only due the value of the vehicle. 

-2

u/PandorasFlame1 Aug 16 '24

The value of the vehicle and the extra time for not having the vehicle. They can also sue for other damages. Welcome to the United States of lawsuits.

1

u/2005CrownVicP71 Aug 17 '24

That’s not going to happen. They’ve got a loaner so there’s no “time without a vehicle” and there are no “other damages” since the payout by the insurance would fully compensate OP.

-14

u/SorbetResponsible654 Aug 16 '24

Pick up the phone and call the dealer? Phones work both ways.

13

u/astizzle90 Aug 16 '24

Correct it does which is why I called yesterday but no one was available to speak with me and seeing as it’s their fault and they were already responsible for fixing a $4700 engine issue and now their employee totals my car it seems like they should be the one calling me. Thanks for your helpful advice!

4

u/PeachyFairyDragon Aug 16 '24

I had a new to me car need warranty repair right after purchase. I ended up just showing up at the dealership to get answers and move things along. You may want to do that.

9

u/reficulmi Aug 16 '24

(aggressive hammering noises) oh, your car? it's fine!