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2003-2009 Nissan 350Z

Dealer screw up

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Old Nov 15, 2006 | 05:05 AM
  #41  
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ZU L8R
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Originally Posted by bailey bill
Do NOT do that!!! Let your insurance company handle this for you!!!

Again, get the advise of your insurance agent, but normally, acceptance of that check will release the dealership from any further liability.

bill
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Old Nov 15, 2006 | 06:04 AM
  #42  
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The insurance company said the dealer paying the body shop admits some guilt and... does not relieve them of further liability. Howver I am going to file a police report even though they said it wasn't necessary. This will probably take a month or two for the insurance companies to argue over. If they settle and it effects my premimum rates I will file a small claims case aganist the dealer.
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Old Nov 15, 2006 | 06:29 AM
  #43  
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Originally Posted by VeeTec
I would have made them fix it.

In this situation you should get a private property Police report, which will show fault. If they refuse to fix it, see you in court, they will lose.
See, his insurance company is going to handle all of that for him. No problem, no hassle. This is one of the services you should expect from your insurance company.

"Well here is how it's going down...my insurance company is fixing my car. The accident is now classified as a Comprehensive case which the company willingly changed. The claims department all but laughed when I told them how they closed the door on the car...not a me but the idea that the dealer's insurnace company won't pay. They think the case is hands down rediculous. They expect to subrogate and ket all the money back."


bill
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Old Nov 15, 2006 | 06:33 AM
  #44  
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Originally Posted by Theatrix
Comprehensive=fire, theft, vandalism and breakage. Does this meet with one of these perils?

$1800 in a payout, They will not expend the resources to recover this for the insured unless its an obvious win. In this case, their position will be that the insured should not have been operating the vehicle.

In my 20 years experience, they will recover most of this in additional premium. At least its how it would be handled in NJ with 98% loss ratios.
I guess that's why NJ has the highest auto rates in the US.

bill
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Old Nov 15, 2006 | 06:38 AM
  #45  
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Originally Posted by dlmkr1
Howver I am going to file a police report even though they said it wasn't necessary. This will probably take a month or two for the insurance companies to argue over. If they settle and it effects my premimum rates I will file a small claims case aganist the dealer.
Filing a report is probably a good idea.

But a comp claim will not effect your premium.
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Old Nov 15, 2006 | 10:19 AM
  #46  
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Originally Posted by bailey bill
See, his insurance company is going to handle all of that for him. No problem, no hassle. This is one of the services you should expect from your insurance company.

"Well here is how it's going down...my insurance company is fixing my car. The accident is now classified as a Comprehensive case which the company willingly changed. The claims department all but laughed when I told them how they closed the door on the car...not a me but the idea that the dealer's insurnace company won't pay. They think the case is hands down rediculous. They expect to subrogate and ket all the money back."


bill
But, it can affect his premium if he makes more than one claim over the next year or two.

I would get the report, give them a written notice of my intent to sue for damages if they did not fix it, and then see them in court if they didn't. They would end up paying court costs, and any additional cost incurred from having to go to that much trouble. More than likely they would just pay for the damages, as court would end up costing them too much more money and time.

Hopefully his insurance will go after them for compensation. I know mine would.
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Old Nov 15, 2006 | 11:24 AM
  #47  
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Yes Libery Mutual said they would subrogate againist his insurance company. Thanks for all the advise and comments. It's just a hassel I don't need right now. My company recently eliminated my postion as VP...shows what five years of hard work and superior performance gets you! This, along with my my wife's battle with cancer is just a pain in the rear! But what do they care...
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Old Nov 15, 2006 | 08:48 PM
  #48  
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Originally Posted by dlmkr1
Yes Libery Mutual said they would subrogate againist his insurance company. Thanks for all the advise and comments. It's just a hassel I don't need right now. My company recently eliminated my postion as VP...shows what five years of hard work and superior performance gets you! This, along with my my wife's battle with cancer is just a pain in the rear! But what do they care...
Sorry to hear that. Hang in there. It will get better.
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