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Need Advice - Subaru of Santa Monica crashed my car - Updated!

11052 Views 42 Replies 27 Participants Last post by  Natedog, 
R
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Hi everyone,

I thought I'd place this in the general thread to quickly gain overall opinions and comments. Thank you, in advance, for your time!

TL; DR
Took my car in for a regular service appointment at the dealership and they badly wrecked it. Now they are trying to repair it, but I am concerned about the car's new value, and potentially the long term performance.

-------------------------

This is my most recent experience with Subaru of Santa Monica.

This past Friday, 10/12/2018, I dropped my car off for an interval maintenance appointment. It was reaching 24,000 miles. To note, I've had this car since August 2017.

I drop it off at the scheduled appointment time (9 am), with a service advisor, and find myself waiting for about 3 hours. With no calls or anything, I decide to walk back and find out what's taking so long. When I get there, I notice that my car is parked facing away and still dirty, which indicates they haven't finished. As I'm about to walk towards my car, a service advisor leads me inside. The one from the morning walks in and lets me know that my car has been in a "fender bender" (his words exactly). I'm pretty much calm and relaxed, the phrase doesn't bother me, so I don't put too much weight into the situation.

The advisor hastily sets up a rental for me while avoiding my questions of what happened, how bad is the damage, etc. Soon, I'm standing in their waiting area, still not getting any answers. I believe in this time, they've driven my car away. Unfamiliar to this sort of experience, I go along with it. Next thing I know, I'm in the rental driving off.

At some point, I'm realizing I've made the huge mistake of not examining my own vehicle. I call the advisor, and request for him to send me photos. Eventually, he texts me one, and it's of the very top part of the passenger side headlight. As conservative as the picture was, it's obvious to me now that it's more than just a "fender bender". I text him back, stating, "Looks a lot worse than I thought. I'm worried about the frame and it's awfully close to the wheel...". Shortly after, he sends me the mother load. Whole front, passenger side corner, crushed.

I drive back to the dealership the next day. The same service advisor lets out a huge sigh as he walks by me. After waiting for some time, the service advisor acknowledges my presence and I request to see my car. He takes me to the site of the accident. He looks at me, and I have to repeat myself - I'd like to see my car. He takes me to their lot and I am finally able to examine my car, take my own photos, and pick up the remaining items I left behind - now knowing that this would not be a quick fix.

I request an incident report. Their service manager states that they don't do that nor would they have one unless the police were involved (what corporation/company doesn't write up an incident report?!). He suggests that he will CC me when he emails their insurance company. Fortunately, he explains to me what most likely happened:

Their service technician, after finishing my car, pulled out of the space, and drove off straight. In this short time, the passenger door of a car, to its left and ahead, opened. The technician swerved out of the way, and instead of hitting the brakes, hit the gas. Ultimately smashing the car into the corner of a concrete building. Thankfully no one was injured.

They claim full responsibility, but, I'm still upset about this - especially because they were trying to get away with saying it was a fender bender. Overall I am concerned that it is being swept under the rug as a simple fix, but in reality the car will have lost a significant chunk of its value and potentially wont perform the same even if it is fixed with OEM parts at the dealer. It is a headache thinking about getting a lawyer and I don't really even know where to begin with that.

I've made a claim with my insurance agent and they said it would be recommended that I get a lawyer but couldn't refer me to one. All in all, the worst case scenario is that the dealer fixes it, but like I mentioned above, I'm worried it could be a big mistake in the long run.

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sneefy
Ugh. That's TERRIBLE conduct on their part.

Find a lawyer. Now. Tell them exactly what they did. They tried to hide the damage from you. That's bad.

I think you're entitled to:

An apology.
A repair to YOUR standards
A check from the dealership of the reduction in value at the very least.
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FozzieBalou
Wow...!

I'm sorry you're going through this. It is truly a shame, but at least [now] they're trying to resolve the issue. I'd be especially bothered at how they wer seeming to try to "hide" the incident from you.

Be truly picky about the repairs - make sure it is totally 110% up to your approval that it was repaired correctly.

As to your concerns -

Chances are pretty good that there is no frame damage or major undercarriage damage. From the pictures it looks mostly surface damage. It looks worse due [possibly] to crumple zones and the ways that modern cars are designed to absorb impact and not pass it into the passenger compartment.

Did the air-bag pop?

The only similar experience I've had is with my old Dodge convertible; needed the turbo replaced [again]. My sister was a service manager for a GM dealer in Seaside CA [I lived in Dublin CA] so she gave me a great deal on labor. Called to see if my car was ready. Yes, mechanic is on a drive now to test it all out. So I drive down. I get there and do not see mey car. Sis pulls me in to her office and is nervous. Turns out the mechanic ran a stop sign or light and got hit by another car.

When it comes back to your car, be picky. Be sure they have it all perfect. Do not accept any imperfect repairs or be at all unhappy. While you possibly force an issue by getting lawyers involved and going that route, will it all be worth it?

Good luck with it all.
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ForesterBill
If it were me, I would notify my insurance company (as you did) but would pursue my claim through the dealership since they are 100% at fault. I'm sure they have insurance for situations like this. No sense in having a claim with your insurance company not to mention you having to eat your deductible.

More than likely the damage repairs are going to end up on vehicle history reports (such as CarFax) which diminishes the value of your fully-repaired vehicle. You are entitled to be "made whole" and in some states that includes compensation for "diminished value". Find out if that's applicable in your state.

An attorney is probably going to cost you money so I would first try to resolve all issues without one. In the meantime make sure that the owner and/or general manager of the dealership is aware of what happened and develop a rapport with that person. The service department may be trying to "hide" the incident from him/her too.

Another thought...Using this incident as leverage, maybe you can you can work out a trade for another 2017 or even a 2018.

Good luck and keep us posted.
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ForesterBill
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@runningdough15,
Dang.. More than a fender bender. Lots of new parts - Hood - fender door...

Like Bill said, a lawyer will likely make a bad situation worse, if you can even get one to take your case.
Lawyers like injury cases, and since there were none, and the dealership is cooperating, you are most likely better off dealing with them.
I would only use the legal dog action as a last resort, but if couched correctly... "I would rather not get my attorney involved..." it might help.

As far as them not telling you up front, I'm thinking it was mostly embarrassment. Not that it is a valid excuse.

Based on the photos, although there is extensive damage, like @FozzieBalou said, it doesn't appear to be damage that will affect the performance of the car.

One suggestion I would do, is contact my insurance agent, and ask them to send an appraiser so that you have good third party evidence of what was damaged, and what needs to be replaced. You can then expect to see all those parts on an invoice where the repairs are performed.
(I assume that the bodywork won't be done at the dealership - Very few of them do large wreck repairs in house).

Once all of the repairs are done, if you aren't happy with the outcome, and/or the dealership is not forthcoming with an equitable settlement, you can go the small claims route if necessary and you shouldn't need an expensive lawyer to win your case if you have reasonable demands..
Just be sure you add whatever caveats are necessary when you sign off on the car...
Like - write in "I accept the repaired vehicle but retain my right to settle for reduced value" or whatever else ABOVE your signature - AND get a copy of the original with that statement on it.

Good luck.
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M
Attorney mean money off ur pocket and end result they fix the car to "make you whole" but very likely not receive a diminished value claim

I would log on the mysubaru.com and trade in ur car for 2018 using GTP price shown and see if you can work a deal without paying nothing/almost nothing
Also just have SOA "informed" as well.

+1 for @ForesterBill mentioned,talk/email GM in loop as well.
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adc
Be ultra-picky with repairs.
I think I would push for an even trade on a lightly used 2018
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R
First of all, I want to thank everyone for their input. I'm in awe of the support and community.

Secondly, as you all have mentioned, I am trying to avoid the lawyer route. I've spoken with an attorney friend, and it appears that it would be difficult to acquire one for a case such as this one. Also, I just don’t think I’d be able to handle the time and costs of one.

I've been in contact with their insurance company who states that they would fully compensate me for the repairs. I have my choice of body shop, so they could cut me a check for the damage. But they do not mention anything about compensating me for the cars new value. They did mention that having an appraisal done would take a long time, but I think I'll be asking for one, as @DragonSubie7 has mentioned.

Currently writing up an email to the service manager, CC-ing their general manager. I will definitely write to SOA.

Moving like molasses, but I want to make sure I've got all my bases covered, and that they don't screw me over with their sneaky behavior.

Thank you again! I'll keep you all posted!
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@runningdough15,
Your comment "They did mention that having an appraisal done would take a long time, but I think I'll be asking for one"...

You should be able to get a free estimate of damages from YOUR insurance company.
It should take no time at all. They employ damage estimators and that is their job.

How a job can be started without knowing what needs to be done is a mystery... How can you know if everything was repaired? (You don't)...
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Longitude
Sorry to read about your woes. I detest stealerships...and I can only imagine what type of hell I would raise if I were put in such scenario. Best of luck in recovery. Get the best rental car they can provide and maximize your compensation for loss of your ride.
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Fast medic
Have them pay off your car.!! And buy you a new one paid off.! At fault company can absorb that loss at the blink of an eye. Get a lawyer and get what is owed to you punitive and loss of vehicle. Similar incident happened to us to replace airbags and broke the a/c cabling in our car. Took 5 weeks to get car back and left with a rental that whole time.


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@Fast medic,
Sounds like you are providing uninformed and extraordinarily bad advice.
In an accident without injuries, the total compensation deemed "fair" by a court will put the person damaged in the same position they were in before the accident.
That means repair of damages and compensation for costs incurred and nothing more.
Pay off my current car and buy me a new one? The judge would throw out the case. And rightly so.
The OP can argue that damages include reduced resale value of the car in addition to repairs, and any costs incurred as a result of the accident.
That means a rental car during repairs but not something way beyond what the OP already has.

Punitive damages would never be awarded in a case like this, but especially where the at fault party is being cooperative.
To suggest that as an option is ridiculous.

Asking for excessive damages is a great way to lose in court, and court should be the last, not the first option.

Based on the information provided, getting a lawyer in this case would very likely cost the OP money, if the OP could even find an attorney to take the case.
That is doubtful, unless the attorney is desperate enough to take a case where they can bill for hours when they know that is not in the best interest of the client.
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R
@DragonSubie7 Thank you for your help. Both insurance agencies have given me the only option of going with one or the other agency to proceed with this process. I'm extremely frustrated by the lack of fight from my own insurance agency, but it seems this is fairly normal. I've been told I can hire my own investigator, but that would be out of my own pocket. I am planning to move forward using the dealership's insurance, but being clear about providing an estimate before they start the repairs so I can review it, using OEM parts for the repairs once/if they do start the repairs, and then asking for an evaluation report/appraisal of the car after it's been repaired. With the last, I can then compare the GTP and their appraisal. In the meantime, I have an email ready to send to the service manager and general manager of Subaru SM. Basically, it states my concerns about the depreciated value of the car, that it's fairly new, and that I would like to compensated, that I would like to give them the opportunity to provide options. If they're not responding favorably, I will have to make a lot more noise - i.e. write/call SOA, social media, etc. (Comments, critiques welcome on this strategy.);
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Fast medic
Sounds like having a third party look at the car after repairs have been made should be an option as they were willing to hide the acccident and damages they made happen. Sad you pay premiums for insurance and they don’t want to cover what would make you and your car whole again.


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runningdough15 said:
@DragonSubie7 Thank you for your help. Both insurance agencies have given me the only option of going with one or the other agency to proceed with this process. I'm extremely frustrated by the lack of fight from my own insurance agency, but it seems this is fairly normal. I've been told I can hire my own investigator, but that would be out of my own pocket. I am planning to move forward using the dealership's insurance, but being clear about providing an estimate before they start the repairs so I can review it, using OEM parts for the repairs once/if they do start the repairs, and then asking for an evaluation report/appraisal of the car after it's been repaired. With the last, I can then compare the GTP and their appraisal. In the meantime, I have an email ready to send to the service manager and general manager of Subaru SM. Basically, it states my concerns about the depreciated value of the car, that it's fairly new, and that I would like to compensated, that I would like to give them the opportunity to provide options. If they're not responding favorably, I will have to make a lot more noise - i.e. write/call SOA, social media, etc. (Comments, critiques welcome on this strategy.)[/quote] Based on what I've read (all your posts in the thread) your lawyer friend isn't a friend. There are all sorts of attorney's who'd take this case and recover more than enough to repair the car, cover diminished value, and pay their bill.(if $ is an issue to you, most attorney's do provide a free consult so it can't hurt to try);
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1
Is that why they havent returned my email inquiry on the new Forester? lol
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D
@runningdough15,
Your own insurance is likely backing out due to concerns regarding liability.
There are people out there who sue for ANTHING, and treat any event as an opportunity at the "big spin".

What you are doing, and your plan seems fine to me... It's always best to give the opportunity to the other party to step up.
What you are asking for also seems entirely appropriate.

At the same time, having a back up strategy is a good idea in the event of push back.
Fortunately for you, you have a "Royal Straight Flush" in regards to this dispute, and clearly the other party should be painfully aware of that.
Again, provided you have reasonable demands, a business dealing with you will likely try to resolve this, and it sounds like they are.

Your car should be able to be fixed without long term issues, and despite the inconvenience you should be fine when all is said and done.

I think if you allow the dealership to make it up to you, in the long run you will be much further ahead that you ever could be by trying to get the courts involved.

Again, good luck with this, but I think you'll be fine.

Regsrds
DS7
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F
when you check for the repairs.. if it ends there, make sure the hood fits flush on all 4 corners especially on the left front fender, and the front right fender sits flush with the door. Its easy to match the right front fender with the right front part of the hood, but to match it on the non affected side takes skill and patience
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Lateralus
Read "fender bender" in the OP and then saw the pics. Ouch! It does seem like they were trying to conceal most of the damage at first - kudos to you for following your instinct and pressing them to see exactly what happened. Really hoping they make you whole in one way or another, and curious to see how this turns out.
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